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 the South Carolina case, _Briggs_ v. _Elliott_, the plaintiffs
are Negro children of both elementary and high school age residing
in Clarendon County. They brought this action in the United States
District Court for the Eastern District of South Carolina to enjoin
enforcement of provisions in the state constitution and statutory
code which require the segregation of Negroes and whites in public
schools. S. C. Const., Art. XI, § 7; S. C. Code § 5377 (1942). The
three-judge District Court, convened under 28 U. S. C. §§ 2281 and
2284, denied the requested relief. The court found that the Negro
schools were inferior to the white schools and ordered the defendants
to begin immediately to equalize the facilities. But the court
sustained the validity of the contested provisions and denied the
plaintiffs admission to the white schools during the equalization
program. 98 F. Supp. 529. This Court vacated the District Court’s
judgment and remanded the case for the purpose of obtaining the
court’s views on a report filed by the defendants concerning the
progress made in the equalization program. 342 U. S. 350. On remand,
the District Court found that substantial equality had been achieved
except for buildings and that the defendants were proceeding to
rectify this inequality as well. 103 F. Supp. 920. The case is again
here on direct appeal under 28 U. S. C. § 1253.
In the Virginia case, _Davis_ v. _County School Board_, the
plaintiffs are Negro children of high school age residing in Prince
Edward County. They brought this action in the United States District
Court for the Eastern District of Virginia to enjoin enforcement of
provisions in the state constitution and statutory code which require
the segregation of Negroes and whites in public schools. Va. Const.,
§ 140; Va. Code § 22-221 (1950). The three-judge District Court,
convened under 28 U. S. C. §§ 2281 and 2284, denied the requested
relief. The court found the Negro school inferior in physical plant,
curricula, and transportation, and ordered the defendants forthwith
to provide substantially equal curricula and transportation and to
“proceed with all reasonable diligence and dispatch to remove” the
inequality in physical plant. But, as in the South Carolina case, the
court sustained the validity of the contested provisions and denied
the plaintiffs admission to the white schools during the equalization
program. 103 F. Supp. 337. The case is here on direct appeal under 28
U. S. C. § 1253.
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