The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1874-12-01

word. TO enter into and manage It's relations
with the other Independent powers OF the earth-
Under orr conSti tuition our common school sys-
tenn must be general. That is IL mus eAtcnu
over and embrace every portion OF tne s.ate,
has reference TO the mode OF government ana
discipline, the branches of learning taught ana
the qualifications as to age and Arrangement IN
learning required of pupils, as conditions OF
their admission. II does not mean that All the
that an the branches OF learning taught Ia one
school shall be taught in al other schools, or
that the qualifications, as TO age or ADVANCE
ment. which would admit a pupil in one school,
would entitle such pup Ito ADMISSION lhtoal the
on ~ sc6ooIs of the same grade have the same
system of government ana dlsclPlne' the
same branches OF learning taught anu the sauna
HThe Schools must be equally open to all"
This has reference to the persons VINO are en-
seouaIIy open TO ALI" i snot to be taken in a
literal sense for this wouid embrace the whole
people of the state, the infant, the middle ase9,
The septuaganarian, and the married. III Is
obvious that The common schools OF the STATE
nor to every child, but that they are TO be equally
open 10 a class of peers rs, which class ana tnelr
qualifications are to be designated and pre-
The federal constitution does not provide for
any general system of education 10 be conducted
and Controlled by the national goVernnent,n no.
does IL vest in Congress any power 10 exercise a
general or special supervision over the states on
the subject OF education. Inc consltuuon glEes
all needful rules AM regulation. respecting me
territories and other property belonging 10 me
United States, and by virtue o. this power terrl-
torial govern ments are organized. IL also con-
fers on Congress the exclusive power 10 legislate
in all cases whatever over ne DlSlIlCt OF COlum-
bia. and by virtue OF this power Congress has
established i'm such district a system of
schools. COngr 50 has also establtshed and
maintained military AID naval schools at the
expense ofthe government.
me system OF commoh scnoo y sulS STAT
has its o. igin in and is provided Tor by the cou-
stitutiOn and la v of this state. IL Is purely a
domestic in ,titution and subject to the exclus We
control of the constituted authorities of the
state. The constitution does not provide the
machinery, nor lay down its rule OF govern
meut or disc pline,nOr define the terms and con-
ditiOns of admission. IL makes III me lmpera-
tive duty OF the legislature to prOVide,Oy law the
system and imposes no imitationso or the power
OF the legislature, except that tultlOn snail De
free, and the schools shall be equally open to all
that is, to such classes of persons as the legis-
lature mzy in its wisdom determine
There being no further restriction upon the
legislative power and discretion u, ii necessarily
follows that, in providing for this system Of
schools, the legislature is left free to tx the
qualifica' ions of pupils to be admitted TO its
benefits, as respects age ard capacity 10 learn,
to classify them with reference to age sex, adj
vancement and the branches of learning they
are to pursu-: TO provide for the location and
schools and in what school houses the different
ages, sexes and degrees of proficiency shall be
assigned, for these all concern the good order
and success Of the system.
1t must also follow that this policy or frame
work OF government for that system. virtually
concerns and blends itself with the internal
affairs of the state, with its happiness and pros
periiy, its peace and good order, and depends
upon the wisdom of the legislature, and of the
agencies provided by the Legislature, acting
under its established rules, and comes Wlthin
the power possessed by every sovereign state
and is clearly without the grants or inhtbitions
of such amendments to the constitution OF the
United States. City of New York vs.: Milu, IL
Lane Count VS.. Oregon, Z Wal. 46; United states
VS.. Smith, 8 Wa .45; The Collector VS.. Day III Wal.
Bartemever VS.. Iowa IS Wal. 49,; The state VS.
Gibson, 36 lid. $50 The W. & z. X. IL. Co. VS..
Miles, 50 Pa. 81. Rep. 2U9; Cooley on Constitution,
5.2-574; Ellis VS.. The state, AZ Ala. SO; F1held VS..
Close. II Mich. SIS.
This system of common schools must consist
of many schools in different localities or geo
graphical divisions; and these schools may be
of different grades. In some of these localities
or divisions there may be school houses, and in
Others none. IN some the school house or
houses may not be sufficient to "commoda
all; and the revenue may not be sufficient 10
provide them.
In this system there ought to be and must be
n classification of the children This classified
ton ought to. and will he with reference TO some
properties or characteristic common TO or pos
sessed by a certain numner out of the whole
and these classes may be put into and taught in
different parts of the same school, or different
rooms in the same school house, or different
school houses as convenience aud good policy
may require.
This is 100 reasonable to admit of question, for
it concerns the general good, and does not effect
the quality of the privilege, but regulates the
manner of its enjoyment.
This being settled what is there to prevent the
classification of children, equally entitled 10 the
privileges OF the system OF common schools,
with reference to difference of race or color, II
the Judgment o. the LEGISLATURE should hold such
a classification to be most promOtive of, or con-
ducive to the good order and discipline OF the
schools in the system, and the interest OF the
public;
as it existed without the Limitation imposed
upon the sovereign power of the state by the
18th amendment as hereinbefore stated, had the
power to provide for tho education only of the
white chiIdren of the state; but since it's ratih-
cation no system of public schools would be
general, uniform and equally open to ali which
did not provide for the education of the cOlored
children OF the state. IL being settled that the
legislature must provide for the educal ion Ofthe
coiored child en- as well as Tor the white chll-
dren, we are required TO determine whether the
legislature may classify such children, by color
and race, and provide for .their education in
separate schools, or whether they must attend
the same school without reference 10 race OF
color. In our opinion the classification ol
scholars, on the basis OF race or color, and Ihe1l
of domestic policy which are within the legisla
tive discretion and control, and does not amOun
The nlscine Of the Witt chiIdrsn oS the -tats IN
one class, and the negro children of the state in
another class, and requiring these classes to bt
taught separately. provision being made for
their education in the same branches, accord.
ing 10 age, capacity or advancement, with capa
bic teachers, ana 10 the extent OF their pro rats
share in the school revenue, does not amount tC
q denial of equal privileges to either, nor con
h.ct with the open character of the system re
quired by the constitution. The system would
be equally open to all. The tuition would bt
free. The privileges of the schools would be de
MED to none. me white children go to ont
school, or TO certain OF the schools in the system
of common schools.
The colored children go to another school, or Il
certain others of the schools in the system of thu
common schools. Or, III there ere not a sufH
Gent number of colored children within attend
ing distance, the several districts may be con
SOlidated and form one dist let. But II there ART
not a SUFFICIENT number within reasonable dis
lance to be thus coz solidated, the trustee o.
trustees shall provide such other means of edu
cation for said children as shall use their proper
ton, according to number, of school revenue, e
the. Desl advantage. III there be cause or com
plant, the white class has as much If not create
cause than the colored class, for the latter clas
receive their fall share OF the school revenue, al
though none of il may have been contributed
by such class and when districts can not be con
Solidated so as to form a school, such class Is en-
titled to receive their full share of the schoo
revenue, according to number, which shall b
expended for their benefit to the best advantage
a privilege which is not granted to the whit,