The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-11-30

Yours respectfully,
D. A. SPR1das.
Some OF the questions proposed by
our correspondent would be hard TO
answer. Some Of them may be answer.
ed by the following sections OF the
School Law Os found In the Code. They
constitute all that law, we believe, that
relates TO the education OF colored
youth:
10 White md colorcd persons Shall
not he taught In the same school, hut
10 afford to colored children, as far az
practicable, the benefits ola free school
education, Il shall be the duty OF the
trustees OF every school district to es.
tAhlish therein one or more primary
schools for colored persons between the
ages nisix and twenty.one years, when.
ever the number OF such persons resld.
Ing therein, aud between the ages as
aforesaid, exceed. fifteen, according TO
the Ell umeration made for school pnr,
poses. The trustees of two or more
school districts, whether In the same or
ad Joining townships and counties, NAV
by agreement With each other, Join In
establishing primary school for the
colored children residing In said dis
triCls; and such schools so established
shall be subject To the same reRula-
tiOna that are provided for the schools
for white children In section fourteen
OF this chapter.
~. whenever In any school district
the benefit OF free school education
Ia nnk anAH1FnH n khn NnlASal al
residing therein, In the manner men,
TONED In the preceding section, the
fund applicable to the support OF free
schools In such district, whether re.
celved from the State or local taxation,
shall be divided 10 the proportion
which the number OF colored children
bears to the number OF white children
therein, according 10 the latest enumer.
alton made Tor school purposes; and
the share OF the former shall be set
apart for the education of colored per-
sons OF the proper age residing in such
district or township, and DO applied 10
That purpose from time to time, In such
way As the trustees Of the district
may deem best; and upon any failure
on the part or such trustees 10 perform
any OF their duties under this chapter,
they shall be ut once removed from
oillce by the board OF education, and,
In case OF necessity, such duties may
be performed by such board.
Our correspondents inquiries might
have effected more If addressed to the
State Superintendent, though we very
cheerfully give them place. For our
selves we can only say:
FIrst-The Board OF Education OF q
township has no power to exempt any
one from school taxation, or to refund
such taxes paid according to law, on the
grounds mentioned or on any other
grounds.
Third-The sections quoted show that
It Ia optional with the trustees Of ad.
Joining districts whether they will joIn
iu establishing colored schuols. The
law says they "may," though the
intention OF the law makes It their duty
wherever practicable, to establish a
school by such junction. The power OF
using the funds set apart for the educa.
ton OF colored children in districts
whore there are no colored schools, II
will be seen, is placed at the discretion |
ofthe trustees. The undoubted inten-
ton Of the law Ia, that where colored
schools can be formed by Joining two
districts Is to be done, and that where
no schools have been established, the
funds set apart "for the education OF
colored persons OF the proper age "are
to be used by the trustees honestly for
that purpose In the best way they can
devise; and failing therein, we should
think they fail In their duty" and are
liable 10 removal by the Board OF Edu-
cation.
The second and fourth inquiries, as
we understand them, are substantial
the same, viz: Whether dIscrlmlna>
ttons against the colored people by our
State laws, In the matter OF the public
schools, are not In contraventIou OF the
Constitution OF the United States and
Civil Rights law, which Intend that no
State shall make any abrIdgement Of
the rights privileges aud immun!ties
Of any c!tIzen u the United States.
This Is much too large a question for
US to undertake to discuss, and we can
but say, In brief, that while we do not
suppose the privileges " OF schools so
provided would be recognized by the
courts rs OF the character OF "prlvI-
Ieges meant In the national law and
charter, the right 10 the equal benefit OF
schools which all are taxed alike to sup.
port, lis proposition that may we'll chal.
IenGe examination. \ colored mans
property Is taxed for school purposes
precisely as a white mans. How then,
can there be any discrimination against
either In the application OF the money
30 exacted, without violation OF equity
and unabrldgelneut OF right which the
courts would be bound 10 recognize?
As to the abstract right OF the color
ed taxpayer TO Cqnal beneGlts with the
white taxpayer there is no question ;
but just how far n State may Impose
wrong In a matter OF this kind without
conflict with the national law, or how
far 1t may proceed In contravention OF
that law before the courts would take