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Thurgood Marshall — Part 12
Page 127
127 / 254
a
schoolteachers among her own and her
husband's close relatives, As 2 leacher,
she was among Ure aristocrats of Negro
Rullimore, and her tceling about white-
Negro relationships is balanced and mod-
eraled by her sense of service and leader-
ship among her own people.
Up from the Basement. In all-Negro
Douglas High School, ane of Marshall's
uncles gave him an A in algebra, but in
yrainmar school he was repeatedly pun-
ished for breaking rules. Day after day,
the principal sentenced Marshall to the
basement, dnd allowed him to leave only
when he had learned a section of the US.
Constitution. “Before 1 left that school,”
he says. “L knew the whole thing by
heart.” Ele does not contend that the
secs of his etreer sprouted in the base-
ment, but such discipline did reinforce a
respect for autherity., which he retains
mo ouneasy balance with the strongly re-
bvtligus elements in his makeup.
He went off to Lincoly Caiversity. near
Chester, Pa., an institudion then with an
all-Negro student body and an all-white
lacully. The imporkut event of his under-
eraduate vears occurred at the Cherry
Street Memorial Church in) Philadelphia:
“Wrowenl in there because we learned
that’s where all the cute chicks went.”
The one be met was Buster Bures. “first
we decided to get married five years after
1 yraduated. then three, hen ane, and we
“ot
|| Over 50%
25% to 50%
6.
_ WE 10% 10 25% —
all
Under |O%
Kansas City
St.Louis? (*
MO.
26
PATTERNS OF COLG
Percent of Negroes to Total Population by Counties ~ 1950 Census
“
Idlewild
a” (Negro resort)
ne Wis,
Chica
hica
NEB. MLL. IND.
finally did just before I started my last
semester.” (Buster died of lung cancer
last February. Phey had no children.)
Marshall decided to try law school.
The University of Maryland was barred
to him, so he commuted to Howard Uni-
versity in Washington. Within a week
Marshall knew that “this was it, This was
what [ wanted to do for as long as T
lived,” Only a fair college student, he had
to mect very tough slandards at Howard.
“1 got through simply by overwhelming
the job. L was at it zo hours a day, seven
days a week.”
On to the N.A.A.C.P. Out of Howard,
he hopefully hung out a shingle in Balti-
more (his mother took the rug off her
living-room Hoor to put in his office).
Nothing happened. It was 1933. and hard-
ly anybody was worth suing. Marshall's
practice lost him $1.000 the first year.
The next year he did better, building up
a well-Lo-do clientele and a reputation, but
he was increasingly involved in low-fee,
hard-work cases on civil rights. In a
Maryland court, he won separatle-but-
equal status for a chent, Donald Murriy,
at the University of Maryland School of
Law, a right about which he felt strongly.
To the N.A.A.C.P. Jeaders, this victory
tagged him as a really effective attorney
in the NAA. CLP.'s kind of case.
In 1936 he went Lo work for the
NAACP “temporarily” under his old
Af
MIGH. .
oe
92. “ Philadelphia
OHIO Washinglon,D.C
a
-Miaeni
R,M. Chapin, Jr.
law-schvol mentor. Charles Houston, but
by 1938 admitted it was a permanent,
double-time job. His salary then was
$2,600 a year. (Present salary: $15,000. }
The N.A.A.C.P. was winning graduate-
school cases in the courts, but the defend-
ank states complied merely by selting
separate “schools” for one or two students.
“It was beginning to look as though every
time we won a lawsuit we were working
our way deeper into the separate-but-
equal hole. The fact was we just weren't
ready to tackle segregation as an evil per
se. We didn't know enough.”
Before World War 1] Marshal! had
succeeded Houston as chief counsel of
N.A.A.C.P. He won some key victories:
againsL a union which had closed-shop
contracts but discriminated against Ne-
groes; against discrimination in the U.S,
Air Corps, a long slep toward the present
clesegregation of the armed forces; against
ihe Democratic Party of Texas, which
claimed that it was a private organization
and could make its own rules barring
Negroes from voling in primary elections.
The River Pilots. Toward the end of
the war, N.A-A.C.P. leaders began to face
the failure concealed in the success of its
s¢parate-but-equal victories. In rogg a
group of 100 N.A.A.C,1". leaders, mostly
lawyers. met in Manhattan, Marshall re-
calls: “Like somebody at the meeting said,
while it was true a lot of us might die
withoul ever seeing the goal realized, we
were going lo have lo change directions if
our children weren’l coing to die as black
hasiards Loo. Sv we decided Lo make segre-
gation itself our target,”
“Segregation itself? had long been a
target of Negra spokesmen. Tut Thur-
good Marshall is not primarily a Negro
spokesman; he isa constitutional lawyer.
‘Che problem facing him and his colleagues
was how to attack segregation itself on
legal grounds. The weight of the prece-
dents ran against them, Where would they
find evidence to turn the balance?
The answer was peculiarly conlempo-
rary and peculiarly American. Just as U.S,
military staffs swim—and sometimes
drown--in rivers of expert reports, just as
U.S. business Lurns more and more to
spectilized organizers of facts, s0 Marshall
& Co. mobilized 2 small army of psycholo-
fists, psychiatrists. sociologists and an-
thropologists Lo prave what every Nero
among them believed to be obvious: thitt
sexregaled education could nat be equal.”
The night before a Supreme Court
school-segremation argumeol, Marshall &
Co. went Ubreugh an interesting exercise
at Lloward University, Dear Houston
vears before had started muot courts, with
Jawyers an the beneh ane students in the
courtroonr all trying to anticipate tard
questions thal the Supreme Court Justices
nught ask, A student threw the NLALALCLPS
men inta a nose dive by asking how they
would get around an old Supreme Court
decision upholding a Louisiana law which
said nobody could he a Mississippi River
pilot whose father hadn't been. Mitrshall
& Co. worked far tnta the ntght on that
TIME, SEPTEMBER 19, 1955
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