The gamecock. (Columbia, S.C.) 1908-2006, September 27, 1971, Page Page 2, Image 2
JIM U
LUCRb"FiU JONES
MANAGING ED
EDIT(
Nixo
With the most recent resigi
the Supreme Court and the
Hugo Black there is a big que
With the next two appointi
President Nixon will have ch
spots.
During Eisenhower's presli
five new justices appointed
during the days of the initial
present laws on desegregatic
which the Supreme Court too
from school busing to dirty rr
to do with this change in ti
appointed by Eisenhower.
The trend in the court appc
conservative group. Another
many of these members
servalism to a more open mir
this trend continues, there wi
Some experts are specul
sideration of two women foi
some speculation of a Dem4
Whatever the choice, we I
four members of the court
overpowering. These appoin
come, will comprise half the
Our times
fluest '
BY SMITH HEMPSTONE
Columnist
WASHINGTON-Assuming the 6
to-i ruling of the California
Supreme Court is upheld by the
U.S. Supreme Court, Serrano V.
Priest could become the most.
si'gnificant legal finding on'
education since 193i4's Brown V.
Board of Education outlawed de
jure school segregation.
For more than a century, local
property taxes have provided the
great bulk of the funds for
America's county school systems,
the single exception being Hawaii,
which finances its schools on a
atatewide bash
Because of higher property
valuations, the richer suburbs
'ave beeb able to tax themselves
at a lower rate and still produce
superior schools such as Win
fletka's (Illinois) New Trier and
Bethesda's (Maryland) Bethesda
Chevy Chase. In counties with a
lower tax-base, proportionately
~betfunds tr~1
ARREA
ITOR
DAVE LUNDREN
AD. MNGR.
)RIALS
i-four
iation of Justice Harlan from
prior resignation .of Justice
stion as to the open positions.
nents to the Supreme Court,
oen four persons to fill those
dency, the Supreme court had
by the president. This was
controversies leading to the
in. This was also the period in
k to contesting issues ranging
ovies. Earl Warren had much
ie highest court and he was
intments has been to select a
trend has been the change in
from their supposed con
ided, liberal view of things. If
II be more changes made.
lating on me possible con
- the positions. There is also
)crat being considered.
tope that the appointment of
by one man doesn't become
tments, two past and two to
Supreme Court membership.
fior nuh
facilities.
In the case cited by the
California court, for instance,
residents of Beverly Hills, a
plush suburb of Los Angeles, were
taxing themselves at a rate of 2.38
percent, for which their children
received $1,231.72 worth of
education per head. Home-owners
in working-class Baldwin Park,
another suburb of the same city,
were taxing themselves at a rate of
5.48 percent, for which their
children received only $577.49
worth of schooling per kid.
This, the California court
ruled, it unconstitutional in that it
violates the equal-protection
clause of the Fourteenth Amend
ment and "Invidiously
discriminates against the poor
because it makes the quality of a
child's education a function et the
wealth of his parents and neigh
bors."
On all this, a few observations
If Serrano does become the law
of the land, each of the states,
an'of !hieh redeel Involved
Insight: Cyril Bu
'A period
(Editor's note: This is the first of
two columns by Cyril Busbee, state
suCrintendent of education.).
yond doubt, the people of our
State have brought credit to
themselves and to South Carolina
by their general conduct during the
period of transition to the unitary
school system. It was a period of
unsettled emotions for both blacks
and whites, partly because of the
break with tradition and partly
because of uncertainty about the
future. But, with few exceptions,
the people have responded with
For many years,
50 per cent of th
children enrolled
public schools ha
buses to and fron
dignity, with intelligent appraisal
of the facts, with determination to
preserve and aevance public
education, and - perhaps most
importantly -- compassion for the
well-being of children.
It should be said, too, that
conscious efforts were made to
develop and maintain lines of
communication between the races,
between economic strata, and
between the diverse cultural and
social sectors of society.
During this period South
Carolina has been fortunate to
have dynamic, responsible and
responsive leadership. Governor
John C. West and former Governor
Robert E. McNair applied the full
weight of their high office and the
full measure of their fine personal
talents to the resolution of the
!iC equa
seek new systems under which to
finance their schools. Michigan,
Maryland and Ohio already have
under consideration schemes
which amount to state takeover of
educational financing and
litigation similar to Serrano is
pending In about a dozen states.
Perhaps the most likely outcome
would be a statewide, uniform
property tax with the pooled
revenues distributed equally
throughout the state on a per-pupil
basis. It is estimated, for Instance,
that a 3.75 percent statewide tax on
property valuations would produce
$800 for the education of each of
California's public school students.
Equity and egalitarianism
certainly would be served. But
would the result not be to make the
Calif ornia school system
universally mediocre? And who
would l2e hurt by this? Certainly
not the wealthy, who tend to send
their children to private schools.
The hardest hit would be the
emerging middle class, the
traditional backbone of America,
tthe perhaps marginal benefit of
*he noor. And if wealthiM1'%6t
sbee
of unsettled
problems in the interests of an tne
people of the State.
Chairman Robert S. Davis and
all the other members of the South
Carolina Education Advisory
Committee worked diligently and
effectively to identify areas of
potential discord and resolve them
before they could become anything
like a confrontation or
polarization.
Of course, I want to pay special
tribute to the public school
teachers and administrators of
slightly more than
e total number of
n South Carolina'
ve been riding
t their classes dail
South Carolina. In the final
analysis, only these dedicated
professionals could make the
unitary school system work, and
they did. Students, parents and
many other patrons of public
schools provided a broad base of
support. County and District
Superintend nts moved whole
heartedly into the broadest school
community relations program our
State has seen. They formed inter
racial committees of leaders of
both races to seek solutions to
differences and they brought into
their schools, with the willing help
uf teachers and principals new
concepts of individualized in
struction without which the
classroom aspects of the unitary
system probably would have
remained unsolvable.
2 "edi
votd o axthemselves at a higher
rate than the state levy in an at
tempt to proviae superior
education for their children at a
still greater cost to themselves,
would not this make "the quality of
a child's education a function of the
wealth of his parents and neigh
bors," which the Carllifornia court
deplores?
Secondly, if the equal-protection
clause of the Fourteenth Amend
ment guarantees each child In
Maryland an equal share of his
state's educational pie, should a
child receive less because his
parents happen to live in
Mississippi? Is it fair that the
quality of a child's education
should be a function of his parents'
residency, which surely is con
ditioned by their wealth? Is the
only equitable answer to federalize
public education and is that what
the American people want?
Thirdly, Serrano is a powerful
blow at the general concept of local
government. If the equal
protection clause applies to
ed ca , wiv .not to, qther func7
emotions'
There are many others whose
talents, efforts and good wW have
contributed greatly to the climate
of reasonable calm and composure
which characterizes our public
school enterprise at this time.
Busing - which this year became
one of the most emotion- charged
words in America'-- has long been
a State responsibility and has been
conducted on a large scale in South
Carolina. For many years, slightly
more than 50 per cent of the total
number of children enrolled in
South Carolina's public schools
shave been riding buses to and from
their classes daily.
The terms "desegregation" and
"busing" are therefore most ac
curately viewed in historical
dimensions. The question of
desegregated public school
systems was basically decided by
the United States Supreme Court in
1954. Subsequent decisions have
reaffirmed and implemented that
initial decision. School tran
sportation, or "busing," has long
been a Rtatp rpRoonsibility. The
state has been operating a school
y transportation system on various
scales since the late 1920's. The
cost of transportation is as
legitimate a school expense as
teachers' salaries, portable
classrooms, science equipment
and heating fuel. The confusion
about "busing" occurs when the
term is equated with tran
sportation involved in the
desegregation process. -
Desegregation, or implementing
a unitary school plan as required
by law, necessarily entails
assigning children to attend
certain schools.
Transportation is the means for
carrying children to their assigned
schools. The safety of children, and
sincere concern for their
reasonable comfort and con
venience in both school assign
ments and necessary tran
sportation, should be prevailing
considerations in any school
transportation system.
tca tion
that the degree of fire and police
protection afforded residents of
Beverly Hmns, as opposed to those
of Baldwin Park, should .be "a
function" of the wealth of the
former?
As a matter of equity, it would
seem that the poorer school
districts should receive the bulk of
state and federal contributions to
the various educational systems.
But the Imposition of total
uniformity could result in the
destruction of local Initiative and
local pride, the spread of
educational mediocrity and a
widening of the gap between the
wealthy, who can afford private
schools, and all other Americans.
Serrano may be good law and
equitable philosophy, but It is yet
another blow at hard-pressed
middle class suburbanites.
Whether the practical benefits
accruing to rural and Inner city
children will be worth it remains
to be seen, assuming the California
decision Is upheld by the Burger
court.