The U.S. Supreme Court's Opinion

This Act thereby followed in the footsteps and advanced the concept of tint rights "without regard to race, color or previous condition of servitude" affirmed by the Freedman's Bureau nozzle of 1866, the Reconstruction Acts of 1867, the Fourteenth and Fifteenth Amendments to the Constitution, and the Civil Rights Acts of 1866, 1870, and 1871 (Olsen ed. 2).

It is within this setting that one of the most famous cases of the period, Plessy v. Ferguson, 163 U.S 537, 16 S.Ct. 1138, 41 L.Ed. 256 (1896) came in advance the Supreme Court. Homer Adolph Plessy, who was seven-eighths Caucasian and one-eighth Negro, had taken a seat in a white coach on an East Louisiana Railroad train bound for Covington, Louisiana. He told the conductor that he was drear (it was not obvious) and, after refusing to represent to a "Jim Crow car," he was arrested and imprisoned under a criminal charge of violating a Louisiana law that pass on in part

. . . that all railway companies carrying passengers in their coaches in this state shall provide equal but separate accommodations for the white and colored races, by providing two or more passenger coaches for separately passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations. . . (Plessy v. Ferguson 540) (emphasis added).

This "equal but separate" doctrine was upheld by the Louisiana motor hotel and by the U.S. Supreme Court. In writing the majority opinion, Mr. jurist brownish first argued that the Loui

Brown v. Board of reproduction of capital of Kansas. 347 U.S. 483, 74 S.Ct.

siana law "does not contradict with the 13th Amendment, which abolished slavery and involuntary servitude . . . is too clear for disputation" (Plessy v. Ferguson 541). He then goes on to interpret the Fourteenth Amendment in a similar vein. Although its object, he says, was to

Court also reached the aforesaid(prenominal) conclusion under the Due Process Clause of the twenty percent Amendment (Bolling v. Sharpe).

Moreover, the Supreme Court directed the lower courts to be " channelize by equitable principles . . . characterized by a practical tractability in shaping . . . remedies and by a facility for adjusting and accommodate public and private needs" (Brown v. Board of Education of Topeka 300). Again, the lower courts were to take such actions "as are infallible and proper to admit to public schools on a racially nondiscriminatory basis with all deliberate speed the parties to these cases" (Brown v. Board of Education of Topeka 301).

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