The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
This interpretation by an exceptionally able appellate court offers
the South, if only the South will accept it (and if our more rabid
and influential friends in the North will abate their impatient
demands), some basis for a tolerable way of life. In its immediate
application, the Supreme Court’s decision in the four suits decided
by _Brown_ was not, of course, “the supreme law of the land.” It
was, as every court opinion must be, simply the law of the case,
disposing of the controversies between the named plaintiffs and the
named defendants. Even though such suits are “class actions,” the
class in each case is limited by such facts as those of geography;
a court order directed against Clarendon County does not require
the superintendent of schools in adjoining Sumter County to do
anything. Thus, under well-accepted principles of law, the counties
and cities of the South that are not under court order stand under
no legal obligation to alter their traditional school policies. No
law or court order requires them to integrate; no law or court order
requires them affirmatively to take any action. True, if a point is
made of it, and formal complaint of discrimination is filed, local
school officials must then yield to the principles laid down by the
Supreme Court; they can yield voluntarily, or they can go through the
motions of a predictable court proceeding, but they cannot deny the
child by reason of his race the right to attend any public school
under their supervision.
This deliberate, unhurried view of the school problem tends to
madden the professional integrationist. He looks at the progress of
desegregation in the South, eight years after _Brown_, and apart from
the border States he sees:
---------------------------------------------------------------
DESEGREGATION OF PUBLIC SCHOOLS,
ELEVEN SOUTHERN STATES, MAY 17, 1962
---------------------------------------------------------------
_Negroes in Schools
_Enrollment_ With Whites_
_State_ _White_ _Negro_ _Number_ _Per cent_
Alabama 523,000 276,000 0 0.000
Arkansas 320,000 109,000 151 0.139
Florida 927,000 242,000 648 0.268
Georgia 642,000 303,000 8 0.003
Louisiana 450,000 295,000 12 0.004
Mississippi 294,000 287,000 0 0.000
North Carolina 787,000 333,000 203 0.061
South Carolina 364,000 265,000 0 0.000
Tennessee 663,000 155,000 1,167 0.750
Texas 1,892,000 301,000 4,000 1.330
Virginia 657,000 217,000 536 0.247
-----------
Source: Southern School News, May 1962.
---------------------------------------------------------------
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account