Rice v. Arnold – Florida, 1950-51 (45 So.2d 195, 54 So.2d 114), vacated for reconsideration, 340 U.S. 848 (1950); State ex rel. Hawkins v. Board of Control – Florida, 1950 (47 So.2d 608); State ex rel. Lewis v. Board of Control – Florida, 1950 (47 So.2d 617)
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“We … approach the problem in full recognition of the fact that the applicable parts of the Constitution are in process of re-definition; that they are being given a broader meaning than they were previously thought to have. … [the plaintiff] admits that [segregation] is not per se unlawful, yet he seeks a writ which would, if issued, make it impossible for the city to adopt any rule effectuating this admittedly lawful public policy.” – Justice R. Fenwick Taylor, in Rice “In making provision for public education for its citizens, the State, in its discretion, may establish separate schools for whites and Negroes – indeed should and must do so where the state constitution and statutes so require – without being thought guilty of any infraction of the Federal law solely by reason of that fact … [I]t is so well settled as hardly to need citation of authority that equality of treatment need not mean identity of treatment.” - Justice H. L. Sebring, in Hawkins |
EMPIRE OF LAWS - The Legal History of the 50 American States > 6. DEEP SOUTH LEGAL HISTORY > 6.6 Deep South (1920-1965): Depression, War and Cracks in Jim Crow > 6.6.1 Deep South (1920-1965): The Slow Death of Jim Crow - Southern Blacks and Criminal Law >