The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-12-04
sr.oimens of Republican clap-Irap'
Thu following is from an editorial in the
Bloomington Leader :.

sn.c,men, Of Republican clap-Trap'
The following is from an editorial in the
Bloomington Leader: -.
nm cr.t ,ruits OF the Democratic victories rne
recent election have already made their PPsns de-
in decision Of the Sn2reme e, cont o entitled to the
rShts and privileges Of the common scnoois ower
nnbl;csns Who helped the Democratic inso y"nr
this year, how do you like the hrs' iu''' "
actsf ..,.
And the following is from an editorial In
the Davenport Gazette.
The decision Of the Supreme Court oi inaia anS
that the colored children nave no rgn nj entitled
" tbe benefit of common school educalloh iIon
he nubic school fund pnder the provisions OF .na
s s,s attention. Following Immediately on the
heels OF the Democratic victory. and being pro,
nounced by a court principally made up O men ,s ~
people at lesst Of come anxiety relative to the pro-
babie action OF the Democracy when they snail a Al
ever, have full control, as to the few rsnts 'hey
ready enjoy under Republican Protecton'
And an editorial in the Peoria Tran
script says:
democratic Judge holds that only white men
are citizens and that black men are not entitled 10
the privileges and immunities enjoyed by tneiI
white neghbors This is state rights to Its fullest
extent.
And similar clap-trap is just now run
ming through all the Republican newspa-
pers. Perhaps it may be we'll to inform
the Republican newspapers that the law
under which this illeged decision is made
was passed in 1869, by Republican legis-
lature. How the recent Democratic VIC
tories could have had any effect on that law
is q mystery to everybody-except Repub-
lican editors. The Gazette don't quite say
that the court is composed of Democrats
that would be little too barefaced; but
it says it was pronounced by court prin-
cipally made up of men of Democratic in
stincts." 1t is gratifying to know that
even Republicans have proper instincts
when they get to be judges. This has Of
ten happened before. Judge Chase was
shining but not an only instance Of this
sort.
And it may now, perhaps, be proper to
inform the Republican newspapers that
the Supreme Court of Indiana has made
no such decision as alleged by the afore-
said newspapers.
The case referred to was entitled Samuel
Cory, John Beaver and Worthington Craig
agt. Gary Carter, and was appealed from
the Marion county Superior Court. Cary
Garter, living in District No. 2 Of Lawrence
township, Marion county, and having nc
school for colored children within reach
claimed the right to send his children
and grandchildren, who are of full negro
blood, to the district school pro
vided for white children. They we're de
MED admission, and proceedings wer
brought by Carter in the Supreme Cour
of the county against Samuel Cory, trus
tee of Lawrence township, John Beaver
School Director of District No, 9, an,
Worthington Craig, teacher of one Of tn
schools. The court, at its special term
sustained Carter, holding that the children
were entitled to admission into the school
unless separate provision was made fo
them. This decision was based upon tn,
common school law of May Is, 1869, plo
vlding for the education If white and col
ored children OF the state in separate
schools, having all the privileges and right
.of other schools. The law also provided
that when there were not sufficient mum
Der within attending distance, the severa
districts might be consolidated and form.ont
district; but if there were not a sufficient
number to be thus consolidated, the trus
tees were to provide such other means Of
education for the children as should use
their proportion. according to number, O
the school revenue to the best advantage
The appellee, Carter, made no allegation
in his petition that the trustee l,nd ,,eSias~s
70 provide separate means of education for
his children, but requested the court to de.
clare their right of admission into the
school and to compel the appellants to ad-
NIT them. An alternate writ was issued,
and the appellants appeared and filed sep
crate demurrers to the complaint upon the
ground that it did not state facts sufficient
to constitute cause of action. The de-
murrers were nonsuited, and the appel
ants refusing to plead further, but elect
ing to stand by their exceptions to the rul-
ings of the court, judgement for peremp-
tory writ of mandate was given. The
appellants appealed to general term, where
the Judgment OF the special term was af-
flrmed. The question presented to the
supreme court, the opinion says, was
whether the court below erred in overrul-
ing the demurrer to the complaint And
referring to some minor points of the ap
peal, the court says:
1T is very plain aud obvious to us that
10y the supplemental act of May Is, 1869
the legislature has provided for the edu
cation OF the white and colored children of
the state in separate schools, and the ques-
ton presented tor decision is whether such
legislation is IN conflict with the constitu-
ton OF this state or the constitution of the
United States. 1t is contended that the
act in question IS repugnant to Section 20
OF Article l. land Section of Article VIII
and they are: Section g. The General
Assembly shall not grant to any citizen or
Grass OF citizens privileges or immunit;ps
winch, upon the same terms. shall
not equally belong to aM citizens !;
Section 1. Article VIII, de.
clares that knowledge and learning. gen
orally diffused throughout a community.
peing essential to the preservation of free
government, it shall be the duty of the
GENERAL Assembly to encourage. bv ali
suitable means, moral, intellectual. scien-
tihc' and agricultural improvement, and to
provide by law for a general and uniform
system OF common shoots, wherein tuition
shall be without charge, and equally open
to all. In our opinion the nr;v.
lleges aud immuaities secured by Section
% OF Article |, were not intended for per-
sons OF the African race, for the section
expressly limits the enjoyment of such
privileges and immunities to citizens. and
az .ha' uine negroes were neither citizens