February 13, 1940
Mr. Carl Budwesky
City Manager
Alexandria, Virginia
My dear sir:
I have a copy of your letter dated January 26, 1940, to Miss Katherine H. Scoggin, Librarian, Alexandria Library, discussing the policy to be followed with reference to issuance of library cards to colored residents of this City. I am writing to you in response to Miss Scoggin’s consequent failure to issue cards for the library on Queen Street to Sgt. George Wilson, whom I represent as counsel, and to me. Applications for such cards have been duly made and are admitted to be in proper form, etc.
Each of us has this day advised the Librarian that he will always refuse to accept a card to be used at the library to be constructed and operated at Alfred and Wythe Streets in lieu of card to be used at the existing library on Queen Street; and that continued failure — beyond the end of this month — to issue card for which application has been made will be sought at the hand of the court.
Just now, I do not think it necessary to discuss the adequacy or equality of accomodations to be afforded at Alfred and Wythe Streets. I think our position is well fortified by those fundamental rights of the citizen which exist as the basis and foundation of government. Any attempt at segregation contravenes the basic and underlying principle of the common law — that the purpose of government is to secure the greatest good to the greatest number.
In the United States, since the adoption of the Fourteenth Amendment to the Federal Constitution, the courts have uniformly declared that in the absence of specific constitutional or statutory authority, municipalities are without power to deny a citizen — solely on account of his race — access to any building or other facilities maintained by public funds. Pertinent cases dealing with public school are numerous. See 11 C. J. 807 CIVIL RIGHTS Section 14, note 74; 56 C. J. 808 SCHOOLS AND SCHOOL DISTRICTS, Section 983, notes 70 and 75. With specific regard to public libraries in a city where separate libraries were maintained for white and colored people, this principle was twice declared by the West Virginia Court as controlling in Brown vs. Board of Education of Charleston Independent School District, 106 W. Va., 476, 146 S. E. 389, 64 A. L. R. 297.
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City Manager
Alexandria, Va. 2-13-40 #2
The Virginia Bill of Rights declares that no man or set of men is entitled to separate or exclusive emoluments from the community save in recognition of public services. Other than to give effect to the limitation placed on this declaration by the Virginia Constitution itself, viz, that white and colored children shall not be taught in the same schools, even the Virginia Legislature may not require the exclusion of a citizen from a public building solely on account of his race.
Each applicant is now entitled to receive a card to draw books from the Alexandria Library now located on the north side of Queen Street between Washington and Columbus Streets, our city. We consider the offer of a substitute (a card to be used only at the library to be constructed and operated at Alfred and Wythe Streets) as adding no more than insult to the injury applicants now suffer through delay — occasioned solely because they are Negroes — in being issued the card for which application has been made.
An extra copy of this letter is being handed you that you may, if you desire, refer this matter to the City Attorney for his opinion. Under date of January 22, 1940, I requested him to present these and similar views to the City Council with such comment thereon as he may have desired to have made.
And more copies of this letter are being sent to the City Council in care of your office.
Very truly yours,
Copy to:
Miss Katherine H. Scoggin,
Librarian – Alexandria Library
