The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-02
MIXED SCHOOLS IN INDIANA.

The Chicago Times contains an elaborate
report Of the decision of the Supreme Court,
and as it has great bearing on a question Of
some importance we make q brief synopsis.
The grandchildren of the appellee, Carter, a
colored man, presented themselves for admis-
sion to school, and were denied, which denial
was upheld by the other appellants. Carter
appealed to the Superior Court, which held
that the children were entitled to admission
into school unless separate provision were
made for them. This decision was based
upon the common-school law of the State, as
affected by the fourteenth amendment to the
Constitution Of the United States. The court
says that it is plain that, by the supple
mental act Of May -, 1859, the Legislature
has provided for the education of
white and colored children of the State
in separate schools, and the question pre-
scented for decision is, whether such legisla-
ton is in conflict with the constitution OF the
United States. After considering at length
the rules to be followed in placing construc-
ton upon the constitutional provisions quoted
above, the court says further: In our
opinion the privileges and immunities secured
by section twenty-three, article one, Of the
Constitution of Indiana were not intended for
persons Of the African race, for the section ex-
pressly limits the enjoyment of such privi-
leges and immunities to citizens, and at that
time negroes were neither citizens of the
United States nor Of this State. 1t was held
by this court, in Sears versus Board of Com
m;ssioners of Wayne county-36 Ind. 267-
the privileges and immunities secured
by the above quoted section were intended for
citizens of this State" Upon the question
whether the fourteenth amendment has
worked any change in the construction Of the
constitutional provisions Of theState, the court
says 'sWhat was then intended to be ex-
pressed in the case of the State VS.. Gibson,
was that the fourteenth amendment had not
delegated to the Federal Government power
and control of the domestic institutions Of the
State. The views then expressed have been,
in ali constitutional respects sustained by the
highest judicial tribunal in the country, and
tae enc especially charged with the construc-
ton and Interpretation of the Federal Consti-
tuition. By the solemn decision of that high
court, the privileges and immunities belong
ing to citizens Of the State, as such, rest
for their security and protection where they
have heretofore rested, with the States them
selves" In conclusion the court says: eve
are very clearly Of the opinion that the act of
May Is, 1867, is constitutional, and that, while
it remains in force, colored children are not
entitled to admission into the common schools
which are provided for the education OF white
children. In our opinion the court below
erred in affirming the action of the court in
special term, and judgment is reversed with
costs, and the case is remanded to the court
below. with direction to that court to override
the Judgment Of the court in special term we
oyerrullng the demurrer to the petition for
mandate Memphis appeal, 1911 ut.