William O. Douglas

“ No municipal use is of course possible where the beneficiaries are members of one race only. That was true in 1911 when Bacon made his will. Plessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138, 41 L.Ed. 256, decided in 1896, had held that while 'separate' facilities could be supplied each race, those facilities had to be 'equal.' The concept of 'equal' in this setting meant not just another park for Negroes but one equal in quality and service to that municipal facility which is furnished the whites. ”

“ Moreover, putting the property in the hands of the heirs will not necessarily achieve the racial segregation that Bacon desired. We deal with city real estate. If a theatre is erected, Negroes cannot be excluded. If a restaurant is opened, Negroes must be served. If office or housing structures are erected, Negro tenants must be eligible. If a church is erected, mixed marriage ceremonies may be performed. ”

“ The Georgia decision, which we today approve, can only be a gesture toward a state-sanctioned segregated way of life, now passe . It therefore should fail as the imposition of a penalty for obedience to a principle of national supremacy. ”