ute.

[1163] McCabe _v._ Atchison, T. & S.F.R. Co., 235 U.S. 151 (1914).

[1164] Cumming _v._ County Board of Education, 175 U.S. 528 (1899).

[1165] Gong Lum _v._ Rice, 275 U.S. 78 (1927).

[1166] 305 U.S. 337 (1938).

[1167] Sipuel _v._ Oklahoma, 332 U.S. 631 (1948).

[1168] Fisher _v._ Hurst, 333 U.S. 147 (1948).

[1169] 339 U.S. 629 (1950).

[1170] 339 U.S. 637 (1950).

The "Separate but Equal" Doctrine took its rise in Chief Justice Shaw's
opinion in Roberts _v._ City of Boston, 59 Mass. 198, 200 (1849), for an
excellent account of which _see_ the article by Leonard W. Levy and
Harlan B. Phillips in 56 American Historical Review, 510-518 (April,
1951). _See also_ Judge Danforth's opinion in Gallagher _v._ King, 93
N.Y. 438 (1883).

In a case in which Negro children brought a suit in the Federal District
Court for the Eastern District of South Carolina, to enjoin certain
school officials from making any distinctions based upon race or color
in providing educational facilities, the court found that statutes of
South Carolina which required separate schools for the two races did not
of themselves violate the Fourteenth Amendment, but ordered the school
officials to proceed at once to furnish equal educational facilities and
to report to the court within six months as to the action taken. On
appeal to the Supreme Court the case was remanded for further
proceedings in order that the Supreme Court may "have the benefit of the
views of the District Court upon the additional facts brought to the
attention of that court in the report which it ordered." Briggs _v._
Elliott, 342 U.S. 350, 351 (1952).

Recently, the Fourth United States Circuit Court of Appeals, sitting at
Richmond, ruled that Negroes must be admitted to the white University of
North Carolina Law School in terms which flatly rejected the thesis of
separate but equal facilities. "It is a definite handicap to the colored
student to confine his association in the Law School with people of his
own class," said the opinion of Judge Morris A. Soper.--McKissick _v._
Carmichael, 187 F. 2d 949, 952 (1951).

[1171] Guinn _v._ United States, 238 U.S. 347 (1915).

[1172] Williams _v._ Mississippi, 170 U.S. 213 (1898).

[1173] Giles _v._ Harris, 189 U.S. 475, 486 (1903).

[1174] Lane _v._ Wilson, 307 U.S. 268, 275 (1939).

[1175] _See_ p. 1141, _ante_.

[1176] Nixon _v._ Herndon, 273 U.S. 536 (1927).

[1177] Nixon _v._ Condon, 286 U.S. 73, 89 (1932).