New-York tribune., 1875-09-14
EDUCATION OF CoLoRED CHILDREN.

THE LEGALITY OF SCHOOLS EXCLUSIVELY FOR
WHITE CHILDREN AFFiRMED-THE rRUTiEss
SUIT or BROOKLYN COLORED CLERGYMAN.
In the suit of the Rev. VIM. +. Johnson, q
coored clergyman OF Brooklyn, T. d., TO compel the ad
mission of his hoy ot l. years TO Public school
No 35-which IL one a. the schools set apart by The
Board of Education for the instruction Of white pupils
ey-Suprcme Justice Gilbert rendered written
decision yesterday, denying the motion for manaInus
and without costs. Justice Gilbert says:
Common schools public charity. The henot con
fcrred by them free gift from the state Conse-
uuenty the state like every other donor prescribe
in what and upon What terms and conditions the
git may be enjoyed. The benefcancs acquire no legal
gh the thing given except such as the state has he
slowed by OF its legislative acts Notwithstanding
the gif is maintained in part by funds +nn',-
tion ay in I't% te pri,escs and benefits Of common
schools forms no part OF that Dody OF n1teh az 9h h.
fundamental law. Section of Article u, OF the Con
siitltion of the United states, commonly called the
Fourteenth Amendment, therefore has no application to
the case Neither the Constitution nor ne b 9 hsiS
iect The question turns wholly upon the chcct OF acts
of the Legislature.
The Justice then cites ana reviews various acts OF the
Legislature bearing the subject, and concludes as
follows:
1t would as il seems 10 me- be unreasonable say that
a separation q the white and black races for the more
efficient administration Of the common schools IL neces-
salilV discrimination against cheI-quitc as much 70
10 nold that such discrimination may he inferred
against either boys gls from Ike scpaa oh Of the
fcxcs For aunt that appears III the papers before
II NAV Dee highly nduciyc to the welfare of tie cla.OrS
son that he should attend the school established for col
orrd children. ii 80, there has been 10 dsci1n-
nation against him, notwithstanding he may pre-
fer that his son should be taught along
with white children. His preference weighs nothing
against regulation OF the Board of Eiucatlon lawfully
made is quite foreign TO the objects ani purposes Of
the legislation respecting common schools To create chan
nels social intercOus TO allow the wishes OF indl
yidnal Id rens interfere with regulations for the con
duct OF schools The power To make regulations is
sential only the proper administration OF the sys-
ten but the welfare Of the pupils, white as well as
Dack and the duty OF the Court to uphold AL such
regulations honestly made, when they 10 not impair
sIbyert any legal gLt regulation which requires col
orcd children attend the schools specially provided Tor
them has 10 such effect As-Cmins the tIViI Rights act
to be in full force notwithstanding this later express
sion Of the Legislative Will in the amended charter, or
II not that Il expresses the right OF the reldor yet
am Of opinion that such regulation II NOT violation
yeent distance or are ObnOx ous 10 some other 0ccon
IRON which II can be egaly inferred that the aeconlno-
datons, advantages, facilities, ana privileges Afforded hy
them not equal To those furnished III schools o. the
oher class. The statute, bY granting equal privilege,
does not confer the night To eDiOy them III common win
an class OF persons o. IN an particular sob""-hOse
Nothing has been shown from which can be inferred
that the roatOr has been deprived OF that equaly OF
privileges TO which hs is entitled He has put hnrelf
npOl the claim of absolute night 20 have his son ad-
red into the puulc school Of the district IN which he
resides u my opinion such claim cannot be sustained
IN Law. The motion ful "a nandIInus must Therefore be
denied, but without G. ets.