The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1874-12-01
THE NEGRO QUESTION AGAIN.
PROBLEM OF MIXED SCHOOLS.
CONSTFTUTIONALITY OF INDIANA'S
SCHOOL LAW.

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TAT o. STATE AND ISDIvIDUAL RIGHTS.
No. 4,27. Samuel Cory, John Beaver and
worthingtOn Craig vs.. Cary Carter, from The
Marion Superior Court. BusKirk, J.
STATEMENT OF n CASE.
This was a proceeding By mandate on the part
Of the appellee against the appellants. The APP
pellee, in his petition, alleged that he was a cii-
zen OF the state OF Indiana, and resided In
school district, no. 2, in Lawrence township.
Marion county, in the said state; that lie was
the father OF two children, Mary and Edward
Carter, and the grandfather of Lucy aud John
Carter, all OF whom resided with him; that he
was a negro Of African descent. aud that his
said children and grandchildren were all ne
groes OF The full blood and OF the same descent;
that MS children and grandchildren We're
respectively of the age that entitled hem TO the
benefits of the common schools in the said dis
trfct; that there was q common school for White
child en- in progre $ in said district and that
his said children and grandchildren presented
themselves at the school house in said district
and demanded admission, and 10 be taught
therein with the white children, but
were refused admittance by the appel
lees, Beaver and Craig, the director and
teacher o. said school, fer the reason that the
said school was a sch OF for white children and
not for negro children; that after the refusal
aforesaid he caused to be served upon the appel
liant a written requeSt and demand that his
said children and grandchildr-n should be re-
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white children of said district, but they were re-
fused admission on y on the ground that they
were negroes that said appe lants and all other
persons have wholly neglected, failed aud re-
fused and sill neglect, fail and refuse 10 provide
any school in said district, or in any adjoining
district nea. enough IOr sald children or
grandchildren, TO attend as scholars,
and that by reason OF the premises his
said chidrrn and grandchildren are denied all
opportunity to a tend any school ia said district
or elsewhere I'm the neighDorhOOd, as in right
they are entitled 10 do.
TT..- - -. rHarnFfnr that Tho ~afa - g.e
schOO dist let Ne. . had failed or refused TO pro-
the means Cf education for sucn children
within the dis Crict, outside Of the said school for
white chi dren, 10 the extent o their ~proportiOc,
according TO number, of the school resources OF
the said district.
The aid 4 the cnuTt was requested 10 declare
the right 81 admisslOn OF said negro children
into the school Tor white children; and TO COM
pei the appellants TO admit them.
An alternate writ was issued againSs the ap-
pellants, requiring them to admit such children
into theschoOl in said district for white chill
dren, or appear and show cause Why they
shOu d not 50 aumit such children.
the appellants appeared and died Seperate
demUrrers 10 the complaint, upon the ground
that 10 did not state facts sufficient to constitute
8 cause OF action, but the demurrerS were nom
suited; and the appellants refusing TO plead fur
ther, Dut eiecting 10 stand by their exceptions
TO the rulings of the court, the court gave judy
ment for a perempiOry writ Of mandate.
The appellants appealed to the general term.
where the judgmento of the specs al term was az
8rmed.
The error assigned is, that the Superior Court,
-. 6~1I-- N0f 80 - 1919 Is us
ment of the court in special term.
The ques ion presented for our decision is.
whether the court below erred in Oyerruling the
demurrer TO the complaint, the correct SO. utiOn
Of which will depend upon the proper construc-
ton TO be placed upon the constitution and
statu' es of this state, and The constitution of the
United states; and as preliminary TO the con-
sideratiOn of the grave constitutional questions
what provision the iegisla ure has made for the
education of the white and cOlored children Of
the state.
sTATE
The act Of March 6, 1865, provided for the an
nusl assessment and collection of a tax on the
property, real and personal, in the state Except
that owned by negroes and mulattOes), for SUD-
porting a general system of common schools in
the state. 1t provided for the enumeration
each year of the white children within the
townships, towns and cities in the
state, between the ages o. six and twenty-one
years exclusive OF m FRIED persons. 1t provided
the officers and agencies Tor the system, the
mode and means of carrying IL on, foo locating
and establishil g schools and carrying them on.
for building school houses, and EMPLOYING
teachers, etc. IL vas essentially white-nOue
but WI lite children between the named ages, and
who were unmarried, wer6 entitled TO its prfyi-
26s.
At the session Of the legislature of this state
next after the ratification of the XIV. amend
nent TO the constitution of the United States, an
aeL was passed by the general assembly of this
state, entitled IAN act to render taxation for
common school purposes uniform, and 10 pro-
vide for the education of the c0lored children of
lhe state" which was approved May Is, 1869; and
is as follows:
SECTION 1. Be il enacted by the general as
sembly Ofthe state Of Indiana, That In assessing
and collecting taxes for school purposes under
subject To taxation for state and county pUT-
poses, shall be axed for the support Of common
schools without regard to the race or color of Inc
ownerO Of the property.
SEC. ?. All children of the proper age, without
regard 10 race or color, shall hereafter be in
aInnnL IN tho ~ . 81 - HL-
the res pective school districts, tow ships. TOWNS
and cities OF this state tor school purposes: but
In making such enumeration the officers
ehar2ed, by law, with that duty, shall enumer-
ate tue cOlOred children OF proper age. who NAV
re 1de IN am school district. in q separate and
distinct list from that in which the other school
children OF such district snail be enumerated.
SEC. 3. The trustee or trustees of each town
ship, town, or city shall organize the coiored
children into separate schools, having All The
rights and privileges OF otner schools OF the
township: Provided, There are not a sufficient
number within attending distance, the several
districts may be consolidated and iorm one dis
trict- But If there are not a sufficient number
dated, the trustee or trustee shall provide such
other means OF education for said children as
shall use their proportion. according to number,
SEC. 4. All laws relative to school matters, not
inconsistent with this act, snail be deemed ar
pl1eable TO cOlored schools.
SEC. 5. Whereas, an emergency exists for the
immeniate taking effect of this act, the same
shall be IN force from and after its passage. 3
CN0N11a1N 49,
Prior TO the passage ofsuch act, the assessment
OF taxes for school purposes had been confined
10 the property OF white persons. The first Sec
ton provided for the levy and collection OF a
tax for school purposes upon all the property
within tn state subject to taxation, without re-
gard TO the race or color OF the owner.
The second section adds to the enumeration.
directed IN section XIV Of the act of March 8.
1865, all colored children of the proper age.
within the state, and directs them to be emu
merated at the same time with the white chill
dren, but in a separate list OF class from that in
which the white children are enumerated.
The third section commands the trustees of
eacn township town or city in the state, to or
genize the coiored children therein, into separ-
ate schools, with all the rights and privileges of
white schools In the particular township, town
or city. Blu n the number of coloTed children
within attending distance are not sufficient 70
organize a scnCOl, the trustees may consolidate
several districts into one for that purpose. And
II the number of colOred children within res.
sonable attending distance are not sufficient 10
be thus consolidated. the trustees shall provide
such other means of education for suchfcolored
children as shall use their proportion, according
70 numbers, of the school revenue to the best