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Debate Gets Hotter Over Mixed Schools \ MARCH 23, 1956 20 CENTS ,, ·u.S.News ·~~ . .._ _ _,.I. - ID<ti : i!$ ~ . WHY STOCKS · •.. & World Report ·ARE UP • · The United States News ® World Repatl ® Once Labor Leader, . Now Business Owner, Tells: : ( HOW TO DE·AL -. ' 1< ' ' -_./ { ! .··. WITH )', , · r " ,i . ) LABOR UNIONS 1 INTERVIEW with HARO.LO .J. RUTTENBERG U.S. News&. World Report Southern Spark Sets It Off: DEBATE GETS HOTTER OVER MIXED SCHOOLS \ Lines now· are ~eing drawn in Congress for must be· reversed, . by lawful means. They t , a struggle over tl:,is question:. warn against .abuse of judicial power. ' Can the South be · forc"d to accept the Legi_slators from other parts of the coun- , Supreme Court's order outlawing segregation try speak.against "nullification," say'no State in public schools? · · · can· put,. itself · above the Court. · In a manifesto, Southern members of the '. Below, spokesmen for both sides give th~ii · Hoyse and ·senate that the decision views, set forth on the floors of Congress. Followings are excerpts from statements made in Congress In the South Carolina school district where one of the segre­ after the introdudion on March 12, 1956, of a "Declaration gation cases was instigated, the Negro schools are better than of Constitutional Principles" signed by Senators and Repre­ the schools for white children. Yet the Negroes continue to sentatives from Southern States: seek admission to schools for the white race. This is sufficient proof that, while South Carolinians of both Senator Strom Thurmond (Dem.), of South Caroliha: Mr. races are interested in the education of their children, the President, I am constrained to make a few remarks at this agitators who traveled a thousand miles to foment trouble are time because I believe a historic event has taken place today interested in something else. The "something else" they are in the Senate. interested in is the mixing of the races. The action of this group of Senators in signing and issuing They may as well recognize that they cannot accomplish a Declaration of Constitutional Principles with regard to the by judicial legislation what they could never succeed in doing Supreme Court decision of May 17, 1954, is most significant. by constitutional amendment. The signers of this declaration represent a large area of this Historical evidence positively refutes the decision of the nation and a great segment of its population. Solemnly and Supreme Court in the school-segregation cases. simply we have stated our position on a grave matter so as to The 39th Congress, which, in 1866, framed the 14th Amend­ make clear there are facts that opposing propagandists have ment to the Constitution-the Amendment which contains neglected in their zeal to .persuade the world there is but one the equal-protection clause-also provided for the operation side to this matter. of segregated schools in the District of Columbia. This is In suggesting that a meeting of like-minded Senators be positive evidence that the Congress did no.t intend to prohibit held, it was my thought that we should formulate a statement segregation by the 14th Amendment. of unity to present our views and the views of our constituents The Supreme Court admitted in its opinion in the school on this subject. My hope also was that the statement issued cases that "education is perhaps the most important function should be of such nature as to gain the support of all people of State and local governments." But the Court failed to ob­ who love the Constitution, that they would see in this instance serve the constitutional guaranties, including the 10th Amend­ the danger of other· future encroachments by the Federal Gov­ ment, which reserve control of such matters to the St..'ltes. ernment into fields reserved to the States and the people. If the Supreme Court could disregard the provisions of the My people in South Carolina sought to avoid any disrup­ Constitution which were specifically designed to safeguard tion of the harmony which has existed for generations between the rights of the States, we might as well not have a written the white and the Negro races. The effort by outside agitators Constitution. Not only did the Court disregard the Constitu­ to end segregation in the public schools has made it difficult tion and the historical evidence supporting that revered docu­ to sustain the long-time harmony. ment; i,t also disregarded previous decisions of the Court These agitators employed professional racist lawyers with itself. funds contributed by persons who were permitted to deduct Between the decision in Plessy against Ferguson in 1896 the contributions from their taxes. The organization estab­ and the reversal of that opinion on May 17, 1954, 157 cases lished to receive the funds also enjoys the status of freedom were decided on the basis of the separate-but-equal doctrine. from taxation. The United States Supreme Court rendered 11 opinions on Except for these troublemakers, I believe our people of that basis: the United States courts of appeals 13; United both races in South Carolina would have continued to progress States district courts 27; and State supreme courts, including harmoniously together. Educational progress in South Caro­ the District of Columbia, 106. lina has been marked by 200 million dollars' worth of fine Such disregard for established doctrine could be justified school buildings in the past four years, providing true equal­ only if additional evidence were presented which was not ity, not only for white and Negro pupils, but also for urban available when the earlier decisions were rendered. and rural communities. No additional evidence was presented to the Court to show 100 U.S. NEWS & WORLD REPORT, March 23, 1956 U.S. News t. World Report the earlier decisions to be· wrong. Therefore, the decision handed down on May 17, 1954, was contrary to the Consti­ tution and to legal precedent. If the Court can say that certain children shall go to certain Signers of Southern Pledge · schools, the Court might also soon attempt to direct the courses In a "Declaration of Principles" introduced in the to be taught in those schools. It might undertake to establish Senate and House on March 12, members of Congress qualifications for teachers. from the South pledged themselves to use "all .lawful I reject the philosophy of the sociologists that the Supreme means" in resisting the Supreme Court decision · out­ Court has any authority over local public schools supported in lawing racial segregation in public schools. part by State funds. Full text of the declaration was published in the The ·court's segregation decision has set a dangerous prec~­ March 16, 1956, issue of U.S. News & World Report. dent. If, in the school cases, the Court can by decree create a Names of signers follow: new constitutional provision, not in the written document, it might also disregard the Constitution in other matters. Other ALABAMA: Senators John J. Sparkman and Lister constitutional guarantees could be destroyed by new decrees. Hill. Representatives Frank W. Boykin, George M. I respect the Court as an institution and as an instrument Grant, George W. Andrews, Kenneth A. Roberts, Al­ o~ government created by the Constitution. I do not and cannot bert Rains, Armistead I. Selden, Jr., Carl Elliott, have regard for the nine Justices who rendered a decision so Robert E. Jones, George Huddleston, Jr. clearly contrary to the Constitution. - ARKANSAS: Senators John L. McClellan and J. W. The propagandists have tried to convince the world that the Fulbright. Representatives E. C. Gathings, Wilbur States and the people should bow meekly to the decree of the D. Mills, James W. Trimble, Oren Harris, Brooks Supreme Court. I say it would be the submission of cowardice Hays, W. F. Norrell. if we failed to use every lawful means to protect the rights of the people. FLORIDA: Senators Spessard L. Holland and George For more than half a century the propagandists and the A. Smathers. Representatives William C. Cramer agitators applied every pressure of which they were capable (Republican), Charles E. Bennett, Robert L. F. Sikes, to bring about a reversal of the separate-but-equal doctrine. A. S. Herlong, Jr., Paul G. Rogers, James A. Haley, They were successful, but they now contend that the very D. R. Matthews. methods they used are unfair. They want the South to accept GEORGIA: Senators Walter F. George and Richard the dictation of the Court without seeking recourse. We shall B. Russell. Representatives Prince H. Preston, John not do so. L. Pilcher, E. L. Forrester, John J. Flynt, Jr., James · C. Davis, Carl Vinson, Henderson Lanham, Iris F. Plea to Support the South Blitch, Phil M. Landrum, Paul Brown. I hope all the people of this nation who believe in the Con­ LOUISIANA: Senators Allen J. Ellender and Russell stitution-north, south, east and west-will support every law­ B. Long. Representatives F. Edward Hebert, Hale ful effort to have the decision reversed. The Court followed Boggs, Edwin E. Willis, Overton Brooks, Otto E. textbooks instead of the Constitution in arriving at the deci­ Passman, James H. Morrison, T. Ashton Thompson, sion. George S. Long. We are free, morally and legally, to fight the decision. We MISSISSIPPI: Senators James 0 . Eastland and John must oppose to the end every attempt to encroach on the rights Stennis. Representatives Thomas G. Abernethy, of the people. Jamie L. Whitten, Frank E. Smith, John Bell Wil­ Legislation by judicial decree, if permitted to go unchal­ liams, Arthur Winstead, William M. Colmer. lenged, could destroy the rights of the Congress, the rights of NORTH CAROLINA: Senators Sam J. Ervin, Jr. and the States, and the rights of the people themselves.
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