The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
In Virginia, the Prince Edward County case was tried February 25-29,
1952, before a court composed of Circuit Judge Armistead Dobie and
District Judges Sterling Hutcheson and Albert Bryan. Once again, as
in South Carolina, the defense confessed the physical inequality
of white and Negro school facilities, and accepted a court order
requiring prompt and diligent efforts to make the facilities equal.
But here, too, physical equality was not the principal issue. The
question was whether segregation in itself violated the Fourteenth
Amendment. On this point, the Negro plaintiffs produced a fresh array
of sociologists, anthropologists, psychologists, and psychiatrists to
testify to the harmful effects of segregation; the defense produced
“equally distinguished and qualified educationists and leaders in
other fields” who emphatically asserted that, given equivalent
physical facilities, offerings, and instruction, the Negro would
receive in a separate school the same educational opportunity he
would obtain in a mixed school. Each of the expert witnesses,
said Judge Bryan, “offered cogent and appealing grounds for his
conclusion.”
But the three Federal jurists in Virginia took the same position that
Parker and Timmerman had taken in Clarendon County--in brief, that
the only duty of a Federal court in such a case is to determine
whether a State’s policy is so arbitrary and capricious as to be
wholly without support in reason. Here, the “unbroken usage in
Virginia for more than eighty years” offered evidence of a policy
reflecting the established mores of the people. So distinguished
a witness as Virginia’s Colgate W. Darden, a former Governor and
then president of the University of Virginia, had testified that
elimination of separate schools would injure both races. Under the
circumstances, the court was unable to say that the State’s policy of
racially separate schools was without substance in fact or reason:
We have found no hurt or harm to either race. This ends our
inquiry. It is not for us to adjudge the policy as right or
wrong--that the Commonwealth of Virginia shall determine for itself.
Public-domain text, read in full here on John Shaqi.
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