Mass. Supreme Court rules for “separate” schools

Supreme Judicial Court Decision in Roberts Case

From the Boston Daily Advertiser    “The case was argued last term. At the present term, Chief Justice Shaw delivered the opinion of the Court.” — The aticle indicates that much of the decision hinged on the Court’s view of action by the School Committee, and the Court believes that “the Committee, apparently upon great deliberation, had come to the conclusion that the good of both classes of schools would be promoted by maintaing the separate primary schools, for colored and white children”, and, the Court “could perceive no ground to doubt, that this was the honest result of their judgment….”

Then at end of the article, comment by the Editor : — “This decision of the Court fills us with astonishment, for we regard it as unwarranted by the spirt of our laws, and especially of the Constitution of Massachusetts. The people (who are greater than the Court) will, we are confident, remedy this injustice through the Legislature at its next session. The subject shall be agitated throughout the State.”

(Liberator, April 26, pg 2)