These last two were not trained educators. U.S. Supreme Court Briggs v. Elliott, 342 U.S. 350 (1952) Briggs v. Elliott. Plaintiffs ask that, in addition to granting them relief on account of the inferiority of the educational facilities furnished them, we hold that segregation of the races in the public schools, as required by the Constitution and statutes of South Carolina, is of itself a denial of the equal protection of the laws guaranteed by the Fourteenth Amendment, and that we enjoin the enforcement of the constitutional provision and statute requiring it and by our injunction require defendants to admit Negroes to schools to which white students *532 are admitted within the district. It was not considering railroad matters, had no arguments in regard to it, had no business or concern with railroad accommodations and should not have even been asked to refer to that case since it had no application or business in the consideration of an educational problem before the court. 540; Ward v. Flood, 48 Cal. In the companion case of McLaurin v. Oklahoma State Regents, McLaurin was a student who was allowed to attend the same classes, hear the same lectures, stand the same examinations and eat in the same cafeteria; but he sat in a marked off place and had a separate table assigned to him in the library and another one in the cafeteria. The plaintiffs allege that they are discriminated against by the defendants under color of the Constitution and laws of the State of South Carolina whereby they are denied equal educational facilities and opportunities and that this denial is based upon difference in race. In formulating educational policy at the common school level, therefore, the law must take account, not merely of the matter of affording instruction to the student, but also of the wishes of the parent as to the upbringing of the child and his associates in the formative period of childhood and adolescence. In the late 1940s, Thurgood Marshall and other NAACP Legal Defense Fund lawyers agreed to represent Harry and Eliza Briggs and 19 other courageous parents from Clarendon County in challenging poor conditions and limited opportunities in schools for local African-American children.

187. It was considering education just as we are considering it here and the Supreme Court distinctly and unequivocally held that the attempt to separate the races in education was violative of the Fourteenth Amendment of the Constitution. And we are not called upon to argue or discuss the validity of the Plessy case. 342 U. S. 350-352. The classification of children for the purpose of education in separate schools has a basis grounded in reason and experience; and, if equal facilities are afforded, it cannot be condemned as discriminatory for, as said by Mr. Justice Reed in New York Rapid Transit Corp. v. City of New York, 303 U.S. 573, 578, 58 S. Ct. 721, 724, 82 L.Ed.
Briggs v. Elliott was filed in the United States District Court, Charleston Division on December 22, 1950. Those who will come under his guidance and influence must be directly affected by the education he receives. In determining the question of reasonableness, it is at liberty to act with reference to the established usages, customs, and traditions of the people, and with a view to the promotion of their comfort, and the preservation of the public peace and good order." 15 terms. 529, judgment vacated and case remanded. They are the parties in charge of the various schools which are situated within the aforesaid school district and which are affected by the matters set forth in this cause. A. DeLaine was teaching in St. Paul Rural Primary School and also serving several small churches as an A.M.E. Minister. 1114; Corbin v. County School Board of Pulaski County, 4 Cir., 177 F.2d 924; Carter v. School Board of Arlington County, Va., 4 Cir., 182 F.2d 531; McKissick v. Carmichael, 4 Cir., 187 F.2d 949. The real rock on which the defendants base their case is a decision of the Supreme Court of the United States in the case of Plessy v. Ferguson, 163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. It sought both a declaration that South Carolina’s laws relating to public school segregation violated the 14th Amendment and correction of the unequal opportunities. The defendant was Roderick W. Elliott, a local sawmill owner and the school board chairman. This much is demanded by the spirit of comity which must prevail in the relationship between the agencies of the federal government and the states if our constitutional system is to endure. "The State Paid Dearly for Segregation" In "A Retrospective Look at South Carolina: 1941-1966," The State (March 3, 1991), 26. Plaintiffs rely upon expressions contained in opinions relating to professional education such as Sweatt v. Painter, 339 U.S. 629, 70 S. Ct. 848, 94 L. Ed. And then it is provided that no State shall make or enforce any law which shall abridge the privileges of citizens nor shall any state deny "to any person within its jurisdiction the equal protection of the laws". [1] The plaintiffs demand relief under the above referred to sections of the laws of the United States by way of a declaratory judgment and permanent injunction. These witnesses testified as to their study and researches and their actual tests with children of varying ages and they showed that the humiliation and disgrace of being set aside and segregated as unfit to associate with others of different color had an evil and ineradicable effect upon the mental processes of our young which would remain with them and deform their view on life until and throughout their maturity. Many subsequent cases have followed and confirmed the right of Negroes to be treated as equals in all jury and grand jury service in the states. [3] See also Roberts v. City of Boston, 5 Cush., Mass., 198, decided prior to the Fourteenth Amendment. Instead, they ordered the school board to begin equalization of the schools. Decree will be entered finding that the constitutional and statutory provisions requiring *538 segregation in the public schools are not of themselves violative of the Fourteenth Amendment, but that defendants have denied to plaintiffs rights guaranteed by that amendment in failing to furnish for Negroes in School District 22 educational facilities and opportunities equal to those furnished white persons, and injunction will issue directing defendants promptly to furnish Negroes within the district educational facilities and opportunities equal to those furnished white persons and to report to the court within six months as to the action that has been taken by them to effectuate the court's decree. The same history shows that it is soluble by the patient processes of community experience. [11] Roberts v. City of Boston, 5 Cush., Mass., 198. The problem of segregation as applied to graduate and professional education is essentially different from that involved in segregation in education at the lower levels. James Hinton, president of the South Carolina NAACP and Rev. Or rather, to change the metaphor, we are asked to strike at the cause of infection and not merely at the symptoms of disease. Copy of the original petition that led to Briggs v. Elliott. 36, 17 Am. 22 for colored pupils * * * are not substantially equal to those afforded for white pupils". It seems to me that it is unnecessary to pore through voluminous arguments and opinions to ascertain what the foregoing means. These witnesses testified from actual study and tests in various parts of the country, including tests in the actual Clarendon School district under consideration. 98 F. Supp. It has also been frequently pointed out that when that decision was made, practically all the persons of the colored or Negro race had either been born slaves or were the children of slaves and that as yet due to their circumstances and surroundings and the condition in which they had been kept by their former masters, they were hardly looked upon as equals or as American citizens. 529 (E.D.S.C. In his bold and vigorous dissent in a Briggs v. Elliott ruling, U.S. District Court Judge Waities Waring established the prevailing doctrine of separate but equal used in the Brown decision. And the famous dissenting opinion by Mr. Justice Harlan has been quoted throughout the years as a true declaration of the meaning of the Fourteenth Amendment and of the spirit of the American Constitution and the American way of life. "The right and power of the state to regulate the method of providing for the education of its youth at public expense is clear.

Stoutmeyer v. Duffy, 7 Nev. 342, 348, 355; Bertonneau v. Board, 3 Woods 177, 3 Fed.Cas. They showed many actual physical accomplishments and the establishment of a school which they claimed was an equal in many respects and superior in some respects to the school maintained for white students. 247, decided that Negroes were entitled to the same type of legal education that whites were given. The public schools are facilities provided and paid for by the states. State-imposed restrictions which produce such inequalities cannot be sustained." 458; Lehew v. Brummell, 103 Mo. Such problems lie naturally in the field of legislation, a method susceptible of experimentation, of development, of adjustment to the current necessities in a variety of community circumstance. We use the support from individuals, businesses, and foundations to help ensure a sustained investment in children and youth and to foster programs that educate the public about Brown v. Board of Education in the context of the civil rights movement and to advance civic engagement. The General Assembly shall provide for a liberal system of free public schools for all children between the ages of six and twenty-one years * * *. The issues being so drawn and calling for a judgment by the United States Court which would require the issuance of an injunction against State and County officials, it became apparent that it would be necessary that the case be heard in accordance with the statute applicable to cases of this type requiring the calling of a three-judge court. 1024: "It has long been the law under the Fourteenth Amendment that `a distinction in legislation is not arbitrary, if any state of facts reasonably can be conceived that would sustain it.'"[4]. The Court of Appeals for the 4th Circuit in this case, speaking through Judge Soper, meets this issue without fear or evasion and says: "These circumstances are worthy of consideration by any one who is responsible for the solution of a difficult racial problem; but they do not meet the complainants' case or overcome the deficiencies which it discloses. 8, 40 (Federal Security Agency, Office of Education). [5], In the field of transportation the court has now, in effect declared that common carriers engaged in interstate travel must not and cannot segregate and discriminate against passengers by reason of their race or color. Only a little over a year ago, the question was before the Court of Appeals of the District of Columbia in Carr v. Corning, 86 U.S.App.D.C. For Modjeska Monteith Simkins, who co-authored the petition that became Briggs v. Elliott, one of the five cases that comprised the Brown decision, the Supreme Court’s ruling was far from either the beginning or the end of a lifetime spent fighting for human rights. 208 and Sipuel v. Board of Regents, 332 U.S. 631, 68 S. Ct. 299, 92 L. Ed. J.A. The NAACP leader, through a speech attended by DeLaine, issued a challenge to find the courage to test the legality of the discriminatory practices aimed at African American school children.
The plaintiffs consist of minors and adults there being forty-six minors who are qualified to attend and are attending the public schools in School District 22 of Clarendon County; and twenty adults who are taxpayers and are either guardians or parents of the minor plaintiffs. 1281; Smith v. Allwright, 321 U.S. 649, 64 S. Ct. 757, 88 L. Ed. MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS dissent to vacation of the judgment of the District Court on the grounds stated. Cisco v. School Board, 161 N.Y. 598, 56 N.E. There is testimony, on the other hand, that mixed schools will result in racial friction and tension and that the only practical way of conducting *536 public education in South Carolina is with segregated schools. We are cited to cases having relation to zoning ordinances, restrictive covenants in deeds and segregation in public conveyances.