The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1874-08-22

ture, for bill to compel mixed schools
in Illinois.
For the purpose of throwing little
light upon this question We propose to
discuss, very briefly, the theory OF the
common school system Of the State.
In 1869 q constitutional convention
assembled in this State. II framed the
constitution under which we are now
living. Section Of Article VIII, of
this constitution, is as follows;
The general assembly shall provide q
thorough and efficient system of Tree
schools whereby ALI. CHILDREN OF
THIS STATE may receive good CONF
mon school education. tA..L Z
This provision does not say the ie'
gislature may Iprovide a system OF
free schools, but that it shall; it
does not say the Legislature shall pro-
vide a system of free schools for
white children, but it does say that
il shall provide system Of free schools
for the all children no matter Of what
color or nationality.
Nearly all the Democrats In the con-
vention, among them the staunch Will
liam J. Allen, voted for this provision
Of the constitution.
In 1872 the general assembly passed
a bill to give effect to the constitutional
provision above quoted. Section As OF
this law provides that the directors of
the several school districts in this
State shall establish and keep in opera.
ton, for at least five months in each
year, sufficient number OF free schools
" for the proper accommodation of all
children in the district over the age OF
six and under twenty-one years, ana
shall secure TO ALL such children white
and black THE RIGHT AND oproRruN
ITY TO AN EQUAL EDUCATION IN SUCH
FREE SCHOOLS"
Nearly all the Democrats in the leg
islature voted for this law.
After the passage Of the common
school law of 1872, and long before
the passage OF the bill Mr.. Oberly
voted for, and on which the charge II
based that he voted to compel mixet
school in this State, the directors OF
school district in Mclean county, IL
which district there were four negro
children, erected q school hous'
| for the exclusive use of the four negro
children. A bill was filed in chan
Gerry to restrain the school officers from
educating these negro children sep
aratsly from the whites, on the ground
that, under the constitution and the
law, this could not be done legally
The case was taken to the suprem
court of the State, and a decision wa
rendered, all the judges agreeing, tina
under the constitution and the law OF
1872, while the directors Of q schoo
have very large and discretionary pow
ers in regard to the management ant
| control of schools, they have no powe
| to make class distinctions, and that the,
cannot discriminate between scholar
on account Of their color or race
that school for TWO or three dolores
children is fraud. The language o
the court is as follows
"The free schools of the State ar
public institutions, and in their manage
ment and control the law contemplate
that they should be so managed that ALI
CHILDREN within the district, between tn
ages of six and twsnty-ons years, REoARD
LESS OF RAcK OR COLOR, shall hare eqta
and the same right 10 participate in tie be
nsfts to be derived HerefrOm."
The law under which this decision
was made, was enacted, as we have in
dicated, several years before Mr.. Oberl!
became member Of the legislature, ant
the constitution, to carry out the pro
visions of which on the subject Of ed
ucation this law was enacted, wa'
adopted in 1870. The court says
thatthe constitution Of 1876, and the Law
of 1872, give to the colored children Of
the State right to participate equally
with the whites in the com mon schools
Of the State, and that, under the consti-
tuition of 1870 and tho law of 1872,
separate schools, for the education OF
three or four colored children in any
district, are frauds. The gentlemen
who framed the constitution Of 1870
and passed the law of 1872, are respon-
sible for this condition of affairs. Mr..
Oberly took his seat in the Legislature
after the adoption Of the constitution
OF 1870 and after the passage of the
school law Of 1872. lie therefore can
not be held responsible for the fact
that school directors have no right to
educate small number of colored chill
lIen in a school t,n,ht nv olvsiyA1v for