The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1874-04-10
a Important decision in Re
GARD t0 schools.

lNniA>AroIis. April q.
Ia The Superior Court. n a a. L. rk in-l
thu morning rendered decision in The
CORY carter ease. which met the uIiaiii-
NOUS concurrence Of the other meu-
bcrs of the bench. the questions in
yOlvcd ia This ease. are ine right ofl
itolorcd children Ia - 10 thc public
schools aud the ronsiitulionaliiy OF Ger
tain seriioms of The school law OF this
State. The case was upon AN application
Nor a mandate To cuIni,ri line school ui-
iicers OF Inv renee township Ia adm 1
the children and grdnd-cnildren oi Cor
nv Carrier. IA coloTrd man. 10 lle cominon
schools of that township. no separate
school having been provided Tor their
benefit. \ demurrer waS fled To the APP
pilraiinn. and also a motion to qua>li. ~
After description 81 the ease The upin-
ION rci,, IA follows:
srATrxrNT ~ THE CAsE.
Great ability aud research have char
acIcrzcd the arguments upon the mo-
tions and shall not follow the counsel
over the Wide field they trav-r>cd, in
the -i'gumcmi. shall limit myself to
the statement OF few propositions
D.
'cu>ions Ia which | have arrived. The
question ia the case ,lecid ii j. ultimate
ms: Have The colored children rcSid-
ing in the varioa, districts ia the diff
lercnt townships OF the Stale. ia which
no separate schools have been urssni-
zed Tor colored children. right 10 at
tend the schools organized in such town
ships IN common with the white chill
dren. On the 2Slh OF July, lsC6. the
18th amendment became part of the
Constitution os the United States: thai
amendment orders that all persons born,
or Eaiuralizcd in the United States. and
subject To the laws and penalties there
ot, arc citizens vi the United Stntes and
o! the STATE wherein they reside.
u Article olh, section 1t OF the ConSti-
tuition Of the State OF Indiana read,
Know ledge and learning generally diff
iuscu throughout Il community being
essential 10 The preservation OF free gov
ernEiehi, IL sLail be the duty OF Tie
General Assembly 10 encourage Toy all
suitable an, ans moral, intellectual, >cien-
uhc ana agricultural improvement, and
TO provide ny laws tor general and uui-
form sssIciIi "a common schools, where
ia tuition Shall be- Without charge and
equally open 10 All. THIS expressions.
: cquaHy open 10 al. nc.udr, al ,ei>t Il
-ciDlcns and The system Uf common
:, hoois 10 DC composed of lhc various
district >'hJOis at the state al the d 1,
OF The takins effect OF the fourteenth
lain,ndment TO ihe Constitution of tic
Uniicl States. The STATE OF lldiana hssd
4 ln operation "a system Ol common schools
wncr1.n tuition was free 10 white emil
dreii Under twenty one years Oia-e. la' \
beng citizens OF the STATE. aiid on tab
ing eject OF that amendincni. Tie sieve
raj schools composing That sysisn, 10.
= lNifiu. " lhc >c,tivn ABOVE VuetcN aO,.i
f. our stale Constitution. te.giie open
,Ad nec 10 colurcd cliIi,lr.n also. beng
iundcr iM cuih one YEAR pi 1..e. "a >-iii.4'
i,nrndillrul ,,l,,ccu1 tnrus iu lie r.t>s ol
IliiihrG-. the, lad 10, ri.i.t ,n eater and
F, licnu lhusc schools uutii rr,>ontniN
convenient 80 separate ,lie >ciUn,> >'t.'-
.ian,iliiy provided for them by The snic
eqnn Ia educational advantages, aHu
whenever in ar, township zen -Clluvi.
Z IRE not provided. cniplcd cilldreu. be-
ing ciiiz-'ms and under iwcnil -Onc years
% age, siill retain llic ri9l'f conferred b,
our Constitution upfi ritIlen-. 40 ~
lend ihv common ~vhuoi> egaAti, VII
: ia, wl..c chiidred ~ ,uc.I Itiii.A