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3 - T1? CAROLINA TIMES " SAT., MARCH 26, 1977
c::o3 Qofofos Prof Doll's School Integration Attacks
Nl.w YORK- In a stout
defense of the kgal appioach
to -;- school
Nathaniel R.' Janes declared
Counsel that repeated attacks uih n I he
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civil : rights v :xanizat ion's
upproa:h to improving educa
tion for minorities by a noted
Harvard scholar failed to take
into consideration the proved
fact that segregation creates
the greatest harm in school
children because it is based
on a caste system.
. - Desegregation, Jones said,
can he!;- considerably in eli
minating the educational
damages about which the
NAACPs detractors are alleg
edly concerned. This is so, he
said, because: "With integrat
ed schools it is much more
difficult to subordinate blacks
as a group tl ough unequal or
inadequate school resources.
Blacks have lcar.ned that 'green
Jones' defense of the 1954
Supicroe Court's Brown deci
sion was presented in the
December issue of The Yale
Law Joun ;t' as a rebuttal to
an CHilier article by Der ick
Bell, Jr., a Harvaid Univer
sity Law f rvfessor.
Dr. Bell, is a former staff
member of the Legal Defense
and Educational Fund Inc.,
which was once the legal anil,
"of the- NAACP." The wik.
Fund." as' that legal firm is
popularly known, was separat
ed from the parent NAACP
.. in 1955 ami i. now . totally
' independent entity. . ,
Subsequently, a new cor
porate entity known i: the
NAACP. Special Conviibution
Fund - was created as the
Association's arm for receiving
tax.: deductible 'donations.
Jones presep e'y argues cases for
the. NAACP as . did former
Special Counsel Thurgood
Marshall, who als headed the
NAACP, Legal Defense and
Educational Fund, Inc.
It was Thurgood Marshall,
now an Associate Justice on
the U. S. Supreme Court, who
masterminded the legal
strategy that led to the land
njrk Supreme Court's deci
sion in Brown that outlawed
the "separate but equal" dic
tum that had govemi (" race
relations sirxe 1896.
As one of the leading
attackers upon the Brown
concepts of integration, Bell
has been arguing that the tie
segregation objectives of that
case re not achievable. So he
maint ains, minorities should
bargain for quality education
as alternatives and trade-offs
to school rrtcgrationf; -. -
: Jones- n-jd-that Prof.'Bell
"totally ignores" the political
and raci ! nature of the attack
vpon Brown. These attacks , he
said, are based upon the deter
mination " of- opponents of ;
change to maintain $5hooI se-:.
Opponents, he continues, ,
also fail ' to recognize, "that".
: there is rc cause of action for
educational quality per se." '
Continuing:; Jones, emphasizes-'
' thot, "The only constitutional
violation . for 'vMch judicial
remedies will lie, therefore, is
Only when civil rights
lawyers prove that there is a
violation of the equal protec
tion clauses of the Fourteenth
Amendment can the Federal
Courts .step in to order reme
dial action to eliminate segre
gation. It is at this time tf at
opportunities are opened up
for the courts to consider edu
cational quality' as part of the
remedy for c i reeling con
-Even this is. under attack
in . the Supreme Court. On
March 22, that Court will hear
oral arguments on the question.
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' "When I use a word,' Humpty pumpty said, in
rather a scornful tone, "it means just what I choose it
to mean ! neither more nor less.' :
'The question is," said Alice, 'can words mean
all those different things." .
Lwis CarroU's Through The Looking Class
Had Alice attended recent Congressional hearings
on the controversial "common situs" picketing bifi,
.her question would have been answered. Words can
mean whatever you want them to mean when you're a
spokesman for Big Labor trying to shove one of your;
special interest measures through the 95th Congress.
A casual reading of the sleight of tongue testimony
offered by union officials would have provided Alice
with several examples.; ; f '. ?. ' J "
The AFL-CIO Building and Construction Trades
Department president, Robert A. Georgine, told legis
lators the bill embodies the "fundamental principle of
equal justice under law." ., K
And that sounds very noble. Until you read the bill
and find out that what is being passed off as "equal
justice" is really a nasty new privilege that would give
hardhat union officials the power to blockade any con
struction job where non-union craftsmen arc
Peter G. Nash, a lawyer and former General
Counsel of the National Labor Relations Board, does
an effective job of unmasking the intent and the effects
of the Big Labor proposal (HR 3500) in Common Situs
Picketing - "Here We Go Again," a paper published
"The overall effect, intent and purpose of HR
3500 has nothing to do with equal treatment for con
struction unions it has everything to do with grant
ing total control of the construction industry and its
employees to the Building and Construction Trades
Department of the AFL-CIO," Nash argues.
"Indeed, a more accurate title for HR 3500 would
be a Bill 'To secretly deprive construction workers of
free choice and to secretly transfer this nation's largest
industry to the AFL-CIO'," he maintains.
"The initial analysis of HR 3500 should quite
clearly establish that its advertised 'equal treatment' is
but a smokescreen for legislation which seeks massive
changes in our nation's basic labor law . . ," says
HR 3500 gives construction unions the power to
require employer assistance in mandating that all con
struction employees be union-represented whether
those employees wish to be or not. "
And the bill would undermine the protection of a
Right to Work law for construction workers in the 20
states which have enacted such statutes against forced
"The union's problems ... in 'Right to Work'
states are specifically remedied by HR 3500 "which
allows a construction union $irikfe.ajr'Qt;tdii
struction project if :mplOyee -on hatite;fjKrnot
union dues payers and to expand that construction
strike area-wide by merely coupling that issue with a
non-working condition demand,"-Nash explains.
So, with the help of Mr. Nash, w& see that the
so-called "equal treatment" bill actually provides
special treatment and privileges for union officials, no
And, unlike Alice, there can be no confusion
about what will happen if the common situs measure is
passed. Hardhats who belong to a union will have
work, union officials will have even more power and
those who refuse to join or are not permitted to join
labor unions will have problems.
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