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...During the past 130 years, the will of Stephen Girard [July 23] has been taken to court for many reasons. Now the N.A.A.C.P. is trying to break his will. It seems unfortunate that the segregation problem should become magnified in this case so that it infringes upon a basic right of every American citizen, white and Negro: the right to pass his property on to whomever he desires. If, by endowing a school for "poor, white male orphans," Mr. Girard discriminated against the Negro, then he also discriminated against the rich and females and children who are not orphans...

Author: /time Magazine | Title: Letters: Aug. 13, 1965 | 8/13/1965 | See Source »

Last week N.A.A.C.P. pickets ringed Philadelphia's State Office Building as Girard's trustees conferred inside with Pennsylvania's Governor William Scranton. Giving point to the urgency of the talks, a scuffle broke out between police and pickets: five Negroes were arrested, bringing the total to 24 since the N.A.A.C.P. started picketing Girard's "Berlin Wall" last...

Author: /time Magazine | Title: Wills: Philadelphia Dilemma | 7/23/1965 | See Source »

...Girard (actually a school rather than a college) bars Negroes because of the seemingly unbreakable will of Founder Stephen Girard. When he died in 1831, reputedly the nation's richest man, Shipping Tycoon Girard added a segregation clause to his $6,000,000 bequest on the then plausible theory that quality education would suffer if the sons of slaves were mixed with the sons of whites. Agreeing at the time, the city accepted the money, and the state later ran the school with public trustees...

Author: /time Magazine | Title: Wills: Philadelphia Dilemma | 7/23/1965 | See Source »

...Supreme Court upheld two would-be Negro applicants and struck down Girard's color bar as a violation of the 14th Amendment guarantee against state-enforced racial discrimination. Loath to meddle with Girard's will, however, the Philadelphia Orphans Court merely substituted private for public trustees. Since the school was no longer a public agency, the Supreme Court refused to hear an appeal challenging the Orphans Court's action...

Author: /time Magazine | Title: Wills: Philadelphia Dilemma | 7/23/1965 | See Source »

...Girard's trustees contend that they are helpless to change the offending clause. In 1962, however, New Orleans' Tulane University broke a similar color bar by voluntarily admitting Negroes and thereby starting a court test of its power to do so. Because private discrimination is lawful, ruled a federal court, Tulane was free both to exclude Negroes-and to admit them. After last week's meeting with Governor Scranton, Girard's trustees tentatively agreed to undertake a new legal attack on Girard's will. Their tactics have not yet been chosen, and meanwhile, the N.A.A.C.P...

Author: /time Magazine | Title: Wills: Philadelphia Dilemma | 7/23/1965 | See Source »

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