(This is part of a series of articles that United Press International developed to mark the 50th anniversary of the Supreme Court's Brown vs. Board of Education decision. This item covers the coverage by UPI -- then United Press -- of the decision in 1954.)
Supreme Court says public school segregation unconstitutional
WASHINGTON, May 17, 1954 (UP) -- The Supreme Court ruled today in a historic decision that racial segregation in public schools is unconstitutional.
Speaking for a unanimous court, Chief Justice Earl Warren said education must be available to all on an equal basis.
The decision, a sweeping victory for Negroes, is probably the most important in U.S. race relations since the famous Dred Scott decision of 1857, which held that a Negro was not a citizen.
The Civil War reversed that decision.
Warren said because of the wide ramifications of the decision, formulation of specific decrees will be delayed until further arguments have been heard.
But the court by Warren's opinion today laid down the rule that segregation is "a denial of equal protection of the laws" to Negroes.
This is the phraseology of the 14th Amendment to the Constitution, on which the Negroes relied in bringing their cases.
Today's decision was taken in four cases brought originally in four states -- South Carolina, Virginia, Delaware and Kansas.
Some 9,000,000 white and 2,650,000 Negro children attend separate schools in 17 states and the District of Columbia.
Arizona, Kansas, New Mexico and Wyoming also have segregation in some localities.
The momentous ruling invalidates many provisions in state constitutions, laws and administrative regulations in the 17 states that now require segregation.
The 12-page ruling -- a document that will rank in sociological significance with Lincoln's Emancipation Proclamation -- swept aside the "separate but equal doctrine" laid down by the Supreme Court in 1896.
--
--
Supreme Court desegregation ruling climaxes 30-year battle
WASHINGTON, May 17, 1954 (UP) -- The five Supreme Court cases testing racial segregation in public schools climaxed 30 years of effort by Negro leaders to kill the separate-but-equal concept.
Four of the cases -- involving Virginia, South Carolina, Kansas and Delaware -- were started by the National Association for the Advancement of Colored People.
Another Negro group initiated the fifth case, involving the District of Columbia, where the school system operates under laws passed by Congress.
The NAACP based its argument against segregated schools on the 14th Amendment to the Constitution, which says that no state may deprive any person of "the equal protection of the laws."
The amendment was enacted in 1866, right after the Civil War, to wipe out the Supreme Court's famed Dred Scott decision that a Negro was not a citizen.
Thirty years later, however, the high court in the Plessy vs. Ferguson case laid down the separate-but-equal racial doctrine. This became firmly established in the South as a rule of living for the two races.
The Plessy decision upheld a Louisiana law requiring separate railway accommodations within a state for Negro and white.
Segregation in transportation, schools and elsewhere was supposed to be contingent on Negroes being afforded facilities equal to those for white persons. But the NAACP contended segregation in itself is unconstitutional.
The Negroes urged a reversal of the Plessy decision on grounds that under the 14th Amendment a state cannot constitutionally use race as a basis for legislation of any kind. The states argued that grouping of children by race, sex, age, mental capacity or whatever is a matter for state legislatures and not for federal courts.
The test cases were first argued before the Supreme Court in December 1952. Last June the court, aware of the magnitude of the decision confronting it, ordered more arguments dealing largely with the history and meaning of the 14th Amendment and the court's powers under it.
The additional arguments were held last December with the Eisenhower administration supporting the Negroes.
--
--
Many decisions led to high court's segregation ban
WASHINGTON, May 18, 1954 (UP) -- The Supreme Court's decision striking down school segregation climaxes a long series of decisions affirming the civil rights of Negroes after they were freed from slavery on Jan. 1, 1863.
(President Lincoln signed the Emancipation Proclamation Jan. 1, 1863, freeing slaves in states in rebellion against the Union.)
Before that, in the famous Dred Scott decision of 1857, the court held that Negroes were not citizens. The Dred Scott ruling was wiped out by the 14th Amendment to the Constitution, an outgrowth of the Civil War, which conferred citizenship on Negroes and granted them "the equal protection of the laws."
Twenty-eight years after the amendment was passed, however, the social customs of pre-war days were reinstated by the Plessy vs. Ferguson decision, which set up the "separate but equal" doctrine. Negroes have gradually succeeded in eradicating this ruling over the past two decades as follows:
Travel: Equality of treatment achieved in Pullman cars, April 28, 1941; in interstate buses, June 3, 1946; in railroad diners, June 5, 1950; in railroad coaches, Jan. 27, 1951.
Property rights: Ruling May 3, 1948, that racial real estate covenants to insure all-white neighborhoods cannot be enforced in court.
Voting: Negroes' right to vote in primary elections was upheld April 3, 1944.
Jury service: Right of Negroes to trial by juries from which Negro residents are not excluded was affirmed March 1, 1880.
Labor Rights: Obligation of unions to act for all members without discrimination laid down Dec. 18, 1944.
Education: Obligation of a state to provide equal education to Negroes within its own borders ruled Dec. 12, 1938; to furnish non-segregated education in graduate schools, June 5, 1950; to provide non-segregated education in elementary and high schools, May 17, 1954.
--
--
Dixie mostly calm after school desegregation ruling
ATLANTA, May 18, 1954 (UP) -- The hard core of the South -- especially South Carolina and Georgia -- today still was in no mood to accept the Supreme Court's decision outlawing separate schools for white and Negro students.
But even in those states there was an appeal by officials and newspaper leaders for a calm study of the problem.
To most Southerners yesterday's news was bad, but it could have been worse. As soon as it became known that a long transition period was provided in yesterday's decision -- some guessed it might be years -- most explosive resistance faded.
States on the fringe of the Deep South expressed willingness to comply to the letter with the Supreme Court order, whatever it eventually may be. Kansas, Texas and Oklahoma were among them. No so with the stronger segregation states like Georgia, South Carolina and Mississippi.
Georgia Gov. Herman Talmadge charged the high court had turned to "low politics" and sociology in arriving at a decision he said had reduced the federal and Georgia constitutions to "mere scraps of paper."
He urged Georgians to "remain calm" and promised to preserve segregation as long as he is in office.
Southerners were generally agreed on one point: When segregation does end, Negro teachers will have a tough time finding jobs in the schools. There is little inclination in Dixie to permit Negro teachers to preside over mixed classes.
Here, state-by-state, is a summary of the situation and reaction in key southern states:
Georgia -- Gov. Herman Talmadge said Georgia will change its laws if necessary to avoid non-segregated public schools. People will vote in November on a constitutional amendment authorizing creation of a private school system, with the state subsidizing individual pupils for attendance at "private" schools, which in most cases would be the present public schools. The only difference would be they would get their money from the pupils instead of from the state.
South Carolina -- The state constitution requires segregation. It has been amended to eliminate a requirement that the state support public schools. The Legislature, which ratified this amendment last month, is likely to meet in special session to consider the Supreme Court decree when it comes this fall.
Gov. James F. Byrnes, "shocked" at the decision of the court where he once sat, said the Legislature now must decide what to do. Byrnes is on the record that South Carolina will "reluctantly abandon" its public schools rather than mix the races.
North Carolina -- The state constitution requires separate schools. No preparatory legislation has been enacted. The Legislature next meets in 1955 and no special session is likely. State officials and school authorities generally have adopted a "wait and see" attitude in view of the enforcement delay ordered by the high court.
Alabama -- The constitution calls for separate schools and forbids children of one race from attending schools of the other race. It has no alternative statute prepared for private school operation. It has no formal state program for equalization of white and Negro facilities, although many local communities have.
Louisiana -- Gov. Robert F. Kennon said there was "no change in the legal situation" in his state and "no emergency that demands any decision today or tomorrow." The Louisiana Legislature, meeting at Baton Rouge, will consider the situation at the present session.
Florida -- Acting Gov. Charley Johns said his present inclination is to call the legislature into special session to "cope with" the segregation decision.
Mississippi -- Gov. Hugh White will appoint members of a newly created 25-member commission to submit proposed legislation to retain segregated public schools. "We're going to proceed cautiously, slowly and try to work out the problem," White said.
Virginia -- Gov. Thomas B. Stanley said Virginia will comply with the high court ruling.
Tennessee -- Gov. Frank Clement urged Tennesseans to accept the Supreme Court ruling with "calmness ... this is no time for snap judgment, quick decisions or demagogic excitement."
--
(Please send comments to [email protected].)
