By
STEPHEN W. HOUGHTON II
The two sisters on whose behalf the famous court case Brown
v. Board of Education of Topeka, Kan., was
launched - which ended segregation in
public schools - will visit the Robert H. Jackson Center on April 29.
Linda and Cheryl Brown will share the story of how they came to be at the
center of the desegregation question in the 1950s. The sisters' visit will
mark the 50th anniversary of the Supreme Court's landmark decision.
Justice Jackson was one of the nine justices who unanimously declared legal
segregation of public schools unconstitutional after hearing the case.
''We are thrilled and honored that the Brown sisters have agreed to come and
share their story with us,'' said Gregory L. Peterson, president of the Jackson
Center. ''We have found that there is nothing more effective in teaching the
law, than to find people who have had an impact on the law and to build a
learning event around them
''We hope to engage students in the region and throughout New York state in
this 50th-year celebration and in expanding the understanding of what Brown
v. Board of Education means in America today.''
Peterson said the Jackson Center is planning to expand the event by broadcasting
it over the Center's Web site and over the BOCES distance learning network.
He said officials at the New York State Bar Association will participate in
plans for an essay contest across the state.
In addition to taking part in the Brown case, Jackson wrote a draft opinion
the logic of which is followed in the final Brown opinion.
For example the court had to deal with the prior 19th-century decision in
which it had held that so called ''separate but equal'' facilities were constitutional.
Jackson wrote in his opinion, ''It is neither novel nor radical doctrine that
statutes once held constitutional may become invalid by reason of changing
conditions, and those held to be good in one state of facts may be held to
be bad in another.''
''I am convinced that present-day conditions require us to strike from our
books the doctrine of separate but equal facilities and to hold invalid provisions
of state constitutions or statutes which classify persons for separate treatment
in matters of education based solely on possession of colored blood,'' Jackson
wrote.
The court decided to ask that the case be reargued on what steps should be
ordered, this had been Jackson's recommendation.
''I favor at the moment, going no further than to enter a decree that the
state constitutions and statutes, relied upon as requiring or authorizing
segregation merely on account of race or color are unconstitutional,'' he
wrote. ''I would order a reargument on the contents of our decree and request
the Government and each of the parties to submit detailed proposed decrees
applicable.''
Jackson knew that while the decision to end segregation had to be taken, that
the decision would prove controversial.
''The plain fact is that the questions of constitutional interpretation and
of the limitations on responsible use of judicial power in a federal system
implicit in these cases are as far-reaching as any that have been before the
court since its establishment,'' he wrote.
While there will be many sponsors for the Brown sisters' visit, the main sponsors
are Cummins Inc, HSBC Bank and National Fuel Gas.
''We are fortunate that three companies with very familiar names have agreed
to sponsor this and related events,'' Peterson said. ''Thanks to the generosity
of Cummins Inc, HSBC Bank and National Fuel Gas, we will be able to make this
into a broad and well-publicized learning experience which we hope will have
a positive impact on all who participate in it.
The Jackson Center, was founded in 2001 to celebrate the life and works of
Jamestown-area native and Supreme Court Justice Robert H. Jackson. Jackson
served as the Chief Prosecutor at the Nuremberg trial of major Nazi war criminals.
The Center has brought many colleagues of Jackson to discuss his life and
how it is relevant today, including Chief Justice William H. Rehnquist earlier
this year. The Center also houses exhibits and original photographs from the
Nuremberg trials.
Further events being scheduled as a part of the Brown v. Board of Education
celebration will be announced in January.