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to receive monies and it is also provided, of segregation, itself, had a deleterious that from the taxes there are to be allo- and warping effect upon the minds of cated funds to the various schools based children. These witnesses testified as to upon the enrollment of pupils. Nowhere their study and researches and their acis it specifically provided that there shall tual tests with children of varying ages be equality of treatment as between whites and they showed that the humiliation and and Negroes in the school system. It is disgrace of being set aside and segregatopenly and frankly admitted by all parties ed as unfit to associate with others of that the present facilities are hopelessly different color had an evil and incradicadisproportional and no one knows how ble effect upon the mental processes of much money would be required to bring our young which would remain with them the colored school system up to a parity and deform their view on life until and with the white school system. The estim- throughout their maturity. This applics ates as to the cost merely of equalization to white as well as Negro children. These of physical facilities run anywhere from witnesses testified from actual study and forty to eighty million dollars. Thus, the tests in various parts of the country, inposition of the defendants is that the rights cluding tests in the actual Clarendon School applied for by the plaintiffs are to be de- district under consideration. They shownied now because the State of South Caro- ed beyond a doubt that the evils of segrelina intends (as evidenced by a general gation and color prejudice come from earappropriations bill enacted by the legisla- ly training. And from their testimony as ture and a speech made by its Governor) well as from common experience and to issue bonds, impose taxes, raise money knowledge and from our own reasoning. and to do something about the inadequate we must unavoidably come to the conclu schools in the future. There is no guar- sion that racial prejudice is something antee or assurance as to when the money that is acquired and that that acquiring is will be available. As yet, no bonds have in early childhood. When do we get our been printed or sold. No money is in the first ideas of religion, nationality and the treasury. No plans have been drawn for other basic ideologies? The vast number school buildings or order issued for ma- of individuals follow religious and polititerials. No allocation has been made to cal groups because of their childhood trainthe Clarendon school district or any other ing. And it is difficult and nearly imposschool districts and not even application sible to change and eradicate these carly blanks have, as yet, been printed. But ac- prejudices, however strong may be the cording to Mr. Crow, the Clarendon au- appeal to reason. There is absolutely no thorities have requested him to send them reasonable explanation for racial prejublanks for this purpose if, as and when they dice. It is all caused by unreasoning emocome into being. Can we seriously contional reactions and these are gained in sider this a bona-fide attempt to provide early childhood. Let the little child's mind equal facilities for our school children? be poisoned by prejudice of this kind and it is practically impossible to ever remove these impressions however many years he may have of teaching by philosophers, religious leaders or patriotic citizens. If it is in the first grade and not in graduate segregation is wrong then the place to stop

On the other hand, the plaintiffs brought many witnesses, some of them of national reputation in various educational fields. It is unnecessary for me to review or analyze their testimony. But they who

had made studies of education and its effect upon children, starting with the lowest grades and studying them up through and into high school, unequivocally testified that aside from inequality in housing appliances and equipment, the mere fact

colleges.

From their testimony, it was clearly apparent, as it should be to any thoughtful person, irrespective of having such expert testimony, that segregation in educa

tion can never produce equality and that it is an evil that must be eradicated. This case presents the matter clearly for adjudication and I am of the opinion that all of the legal guideposts, expert testimony, common sense and reason point unerringly to the conclusion that the system of segregation in education adopted and practiced in the State of South Carolina must go and must go now.

Segregation is per se inequality.

As heretofore shown, the courts of this land have stricken down discrimination in higher education and have declared unequivocally that segregation is not equality. But these decisions have pruned away only the noxious fruits. Here in this case, we are asked to strike its very root. Or rather, to change the metaphor, we are asked to strike at the cause of infection and not merely at the symptoms of disease. And if the courts of this land are to render justice under the laws without fear or favor, justice for all men and all kinds of men, the time to do it is now and the

place is in the elementary schools where our future citizens learn their first lesson to respect the dignity of the individual in a democracy.

To me the situation is clear and important, particularly at this time when our national leaders are called upon to show to the world that our democracy means what it says and that it is a true democracy and there is no under-cover suppression of the rights of any of our citizens because of the pigmentation of their skins. And I had hoped that this Court would take this view of the situation and make a clear cut declaration that the State of South Carolina should follow the intendment and meaning of the Constitution of the United States and that it shall not abridge the privileges accorded to or deny equal protection of its laws to any of its citizens. But since the majority of this Court feel otherwise, and since I cannot concur with them or join in the proposed decree, this opinion is filed as a dissent.

OUR COMMUNITY:

SEVEN CRITICAL PROBLEMS FACING US By FRANCIS A. KORNEGAY

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Executive Director
Detroit Urban League

Life without struggle is life loaded with stagnation. This refers to peoples all over the world. The freedoms that mankind have earned were born in the eternal furnace of struggle. Moreover, that freedom is permanent or static is deception of the first magnitude. Because growth is continuous so is freedom. "The way to preserve freedom is to live it."1 Gains made today may be stumbling blocks tomorrow. Inherent in freedom is the freedom of choice - the right to succeed and its attending right to fail; the right to do and the right not to do; the right to live and the right to die. It is the goal of society that mankind will always choose to do that which is right, honest, and just. But then Thomas Jefferson, in his immortal words embedded in the Declaration of Independence, so ably put it "We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness, and to secure these rights, governments are instituted among men deriving their just power from the consent of the governed." May I quote again, "The 'Negro Problem' is the most conspicuous area for dramatic new advance."2

It is about these rights that I share with you some of my concerns and projections. It is because of the denial of these rights to some American citizens, although more than 186 years have passed since the utterance of these pronouncements, that I list for you Seven Critical Problems facing us:

(The way in which the problems are discussed, today, in no way indicates their severity.)

PROBLEM 1 1 MIGRATION WILL REMAIN

"The migration of people is not peculiar to Negroes. However, due to unbearable economic pressures, and ma

1Goals For Americans, p. 1; Prentice-Hall, Inc., 1960. 2Ibid., p. 42.

lignant social forces in southern states, the movement of Negroes across state lines is higher than that any other racial group."3 During the last decade, the south lost 1,445,000 Negroes who settled in the Northeast, North Central Region and in the West. According to the 1960 census figures, there were 300,506 Negroes in Detroit in 1950, but in 1960, there were 482,223, an increase of 181,717, or 29.9%. A few questions will show the type of problems that migration brings to any city: What types of skills do migrant Negroes bring? Do they possess the kind of skills, such as possessed by electricians, plumbers, engineers, technicians, professionally trained, etc., in which there are shortages? Or, do they come as unskilled workers - adding to already too large unemployed labor force of unskilled workers? Do these migrants come with sufficient savings so that they can immediatedly purchase homes? Or, do they come undereducated, thus causing a dilution of existing education programs? These are real problems. Yet, freedom of movement is a constitutional grant and right.

"The adjustment to community life in a strange place is not easy for migrants. These people need help, understanding, and guidance as they are exposed, in every way, to a new environment which is culturally and industrially different from whence they have come. The migration of any people is a cultural crisis, a cultural explosion thrust upon metropolitan cities without the community climate or recources ready to effectuate a smooth and orderly transition. Migration is a process of passing through the crisis of rebirth."4

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It is said that some migrants possess skills needed for the labor market. In such cases if hiring is done on the basis of merit and fairness such talents can be quickly utilized, and the community resources greatly enhanced. Moreover, Detroit must plan training programs whereby in-migrants can develop their talents into marketable skills. Here, again, public and private planning groups must realize and recognize that at the roots of the economic adjustment of the migrants is racial discrimination in employment. Public and private agencies must re-evaluate and re-access the problem of migration. We must get under one umbrella, all of the community resources at the port of entrance, so that these newcomers will not be allowed to drift, and add to our current social-ills.

3Un-Met Social Problems (Editorial by Francis A. Kornegay, Michigan Chronicle, January 25, 1961).

PROBLEM 2

EMPLOYMENT AND

UNDER-EMPLOYMENT

"Denial of employment because of the color of a person's skin, his faith, or his ancestry, is a wrong of manifold dimensions."5

To secure a job, a position whereby one can adequately use his skills, talents, and training, not only brings economic returns but a pride, a joy, and self-realization. The end result, when these conditions are met, is a rich, growing and maturing community. But sadly, this is not the case in Detroit, there are hundreds of firms that do not employ Negroes at all. There are other firms that hire them in the usual way - janitors. Yet there are many large firms that hire people by the thousands, but have only a few Negroes in clerical jobs and fail to hire Negroes at all in semi and professional classifications. These firms advertise for workers, but despite our F.E.P. law, no serious effort, to date, has been effected to break their unfair employment practices. However, the community should recognize those firms and institutions that hire on the basis of merit. There are such firms here in Detroit, and their employment force is an example of Democracy in Action. Negroes have been given dignified jobs and their performance is as high as any other workers. "Employers and unions are still quite conservative, if not reluctant, to consider promoting Negroes to positions requiring supervision of white workers.'

Mention must be made that there are many unions which maintain classifications that have not as yet used Negro workers. Do we find Negro waiters and waitresses working in our hotels? Do we find Negroes accepted in all of our apprenticeable trades? Do we find Negro men driving soft drink trucks, milk wagons, bread trucks, beer trucks, etc.? The answer is "No" Negroes must apply for every job any place where vacancies exist for which they have the qualifications.

"That Congress amend the Labor-Management and Disclosure Act of 1959 to include Title I thereof, a provision that no labor organization shall refuse membership to segregate or expel any person because of race, color, religion, or

4 Some Concerns and Program Projections (Francis A. Kornegay at Detroit Urban League Board Meeting, October 13, 1960).

5 Employment, p. 1, 1961, U.S. Commission on Civil Rights Report.

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