Published in The Atlanta Constitution, April 9, 1953
Days come and go, and Monday is among them, and one of these Mondays, the Supreme Court of the United States is going to hand down a ruling which may, although it is considered by some unlikely, outlaw the South’s dual school system, wholly or in part.
It is a subject which because of all of its emotional content usually is put aside with a remark, “Let’s don’t talk about it. If people wouldn’t talk about these things they would solve themselves.” It is an old reaction best illustrated by Gone With the Wind’s Miss Scarlett O’Hara, who, when confronted with a distasteful decision, pushed it away with the remark, “We’ll talk about that tomorrow.”
But “tomorrow” has an ugly habit of coming around. I believe it’s a fact that the average citizen doesn’t yet have any idea that such a decision is possible or that everything indicates that a decision — one way or the other — is close at hand. So somebody, especially those who have a duty to do so, ought to be talking about it calmly and informatively.
The cases
The issue of segregation in schools is before the court in five cases involving South Carolina, Virginia, Delaware, Kansas and the District of Columbia; there are 13 other states which would be affected. All of these cases are brought on the basis of the 14th Amendment to the Constitution of the United States, which forbids the state to adopt any legislation “which shall abridge the privileges” of any of its citizens or deny “equal protection” under the law.
In 1896 the Supreme Court held that “separate but equal” facilities met the demands of the 14th Amendment. Failure to meet the requirements of this decision in the years that followed now has the states involved raising taxes and spending hurriedly in an effort to satisfy the “separate but equal” phrase of the 1896 decision.
But, the present complaints each contend that separation itself constitutes a condition of inequality and does, in fact, abridge the privileges of [people of color].
This, in brief, is the legal background.
The Supreme Court cannot fail to appreciate what it would mean suddenly to overturn customs and traditions, as well as a former decision by the court, all of which have had the tenure of more than half a century.
The court may very well rule that in the grade schools there is no question of “prestige” such as exists in a long-established professional or graduate school, and leave to the states the decision as to what they will do about segregation in that field.
The court can reflect the new administration policy and eliminate the dual system entirely, or, though it is doubtful, simply reaffirm the decision of 1896.
There is yet another possibility — and an important one.
The court can rule segregation unconstitutional — but allow the states affected a period of years in which to work out the procedures satisfying the court’s decision.
Effect
Whatever happens, for some years, the majority of Southern Negro children will continue to go to separate schools. There will be evasive actions and legal tests. In many communities the wiser Negro leadership with segregation no longer sanctioned by law will be content to maintain separate schools until public opinion accepts it.
The pattern of segregation has changed radically in the past 20 years. It is often confusing in its startling contradictions. Nowhere in the South does it follow hard and fast rules. It continues slowly to break down at the edges. But for a long time, by gerrymandering, by abolition of school systems and other methods, separate schools will be maintained.
The vital point is — there is no reason for violence, whatever the decision. Leadership everywhere in the South must talk about this and make it clear. Anger and violence solve nothing.
Ralph McGill (1898-1969) was editor and publisher of The Atlanta Constitution. He wrote a daily front page column for many years. This was one of them.
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