The Omaha guide., 1956-07-20
A Strange Twist

issue of the American
two articles conflicting Supreme
decision in the school segregation Ironically the
of the article which the opinion of the
is lawyer from Missouri which longer be classified
reged state while the article supporting the Supreme Court dec
sion is
sides Eugene Cook attorney general Of
Georgia writing the article against the Supreme Court decision is
William Potter pracicing lawyer City,
who uphods the Court view George w. Stumberg
tive of Louisiana and professor Of law the University Of Texas
since 1925. r-i,
This strange turn of events Just goes to show that prejudice and
discrimination oey geography
be branded by where lives
Black who came from Alabama is one Of the most liberal justices
the Supreme Court bench
In objecting Supreme decision
Cook state three reasons
opinion Of May 3d. 1885, conflict with prior opinions of the
court less than five years DID,
nufies providing sep
equal educational facilities power that
ss further enroachment by the central the
the states and the people by the federal cons
tuition"
Supreme upon professors pychoo
sociologts support theory that the segregated school
the pupil "a feeling of nferioy that affect
mind in a way unlikely to be undone."
Georgias Cook and Moui Potter state that the South
heed to white separate by nacng
laws providing for equal education facilities separate schools
Potter fail to state is that there such
thing equa consistently through
the year actually provided equal facilities for Negro children the
the Negro disgust at the shabby schools Tor Negro
children against the weleqpped buildings provided for white
of which resulted finally
the famous decision Of May H. 1854 declaring segregated schools
unconstitutional.
should side with Eugene Cook He has an example In his own state
well ntegraion working the schools
with Georgia Wake and look around Mr. Potter
article written Professor Stumberg of Texas u is
scholarly which points out clearly that since 18O3 the Supreme
the conituionaty of state
federal laws This procedure he has long since become
thoroughly mbedded system that for now
become otherwise constitutional amendment revolution
would be necessary This answer enough to Cooks and Po
point No. 2.
Sumberg goes say that it "nlawyerlke when state
practice declared be invalid under
constitution the United States refer the decision un
lawful n invalid imposition upon the states
professor points further that the Supreme
without forewanng sudden impact
of the states affected from alien body
unfamiliar with the problems involved"
decision the climax series of de-
ons beginning with the Gaines Canada decision of $685. each
chip off of segregation and paved
the gradually for the big decision of two The Suel
Oklahoma little further than the Gaines decision An
with the McLauh Oklahoma State Regents
still further along the road to-
ward outright decision against segregation.
cites the fact that two of the nine JUS
tees Supreme reared under segregation
Alabama Yet neither of them dissent
ed in Of the school
will recalled that in the Sweat the Supreme Court
discussing law school set Negroes first at
Austin and though the faci
good could equality system of legal educa
significant segment of society
This 1850 four before the decision which
causing stir similar expressed In the NC
Laurin of the year.
good point made by Professor Sumbeg is that both
written by Chief Justice Vinson
Kentuckian Reed also from Kentucky
and five noherne There disagree
me
inconceivabe" the professor hat four
could overwhelmed by five justices from outside the
South particularly four delivered the opinion"
agree and wonder how Mr. Potter and Mr. Cook
do otherwise