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Thurgood Marshall — Part 12
Page 118
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FIRST VICTORY in the school segregation fight came in 1935 when Houston
{ieft} and Marshal! (right) got Donald Murray into U. of Maryland Law School.
¥
THURGOOD MARSHALL conrinueo
But he threw himself into the “free” work. His first major vic-
tory came in 1935 and was achieved with Charlie Houston’s help.
Prophetically, it involved getting a Negro, Donald Murray, admit-
ted to the hitherto segregated University of Maryland law school.
Pearson vs. Murray signalized the first “breakthrough” in educa-
tional segregation as envisioned by Houston. It was also one of
Marshall’s last cases in private practice. In 1935 Houston had left
Howard to work full time as special counsel for the N.A.A.C.P.
in New York, and in 1936 he asked his protégé to become
his assistant, Marshall joined him immediately. and in 1938,
when Houston retired to private practice, he took over the job
as Special counsel. - .
arshall had only a small staff and limited funds, but every
time a crucial case came up, he had—and still has—the enormous
benefit of Howard University’s dry runs. These are arduous, all-
day rehearsals at the law school, where Marshall and his as-
sistants try their arguments on a simulated Supreme Court
made up of professors. Nine of them sit at a long table, and
each one tries to act as much as possible like a specific Supreme
Court justice, sticking the lawyers with tough questions that
might crop up in the court itself. Law students form the au-
dience and are encouraged to ask rough questions too.
An answer at 5 a.m.
HE value of such sessions has been proven repeatedly. Dur-
ing one dry run in preparation for a Supreme Court hearing
on discrimination in housing, a student asked a question no one
present could answer. At the end of the session a group of lawyers
and professors met to seek the solution. Hour after hour they
argued over it; finally at 5 a.m. they decided on the answer. Only
a few minutes after the Supreme Court opened its hearing Justice
Felix Frankfurter asked the very question posed by the student.
The answer agreed on at Howard did the trick.’
All through the ’30s and early 40s Marshall and the N.A.A.C.P.
kept re-examining their tactics. At the beginning their program
was to bring suit every time a Negro was denied an education ayail-
able to whites. Back in 1896 the Supreme Court had announced
the “separate but equal’ doctrine under which segregation was
permissible provided that facilities for Negroes were just as good
as those for whites. By bringing suit after suit. the N.A.A.C.P.
hoped the states concerned would get so burdened with the ex-
pense and trouble of providing “separate but equal” facilities that
they would give up the struggle and adinit colored students to
white schools.
There were a few victories to show for this attack, notably the
Gaines case in 1938, which resulted in the admission of a Negro to
the University of Missouri law school because there was no com-
parahle state law school for Negroes. By 1945 Marshall and his
eohorts decided their program was too slow and costly. They de-
cided to shift to the boldest course: to atlack the principle of
segregation itself. They would begin with the graduate schools,
CONTINUED ON PAGE 147
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