The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1875-01-21
COLORED CHILDREN IN TIE
SCMOOl.S.

the public schools.
This law has been called "lhc mixed
school law" and the ,Ioncsboro Go1etts.
the Cairo Gazette. the Murphy Int.
pendent. and other Democratic jour
mails. have demanded its repeal
and have based this demand upon the
assertion that the law in question give.
to the negro children of the State the
right TO attend the public schools. Many
Of the readers of theournals named believe
this. and the action Of Mes.rs. Platter and
Albright in seeking the repeal of tho
law carries with it the implication tina,
they also believe the law to have the col
| DRINKING effect that has been attributed
| to II.
We are some what astoni,hcd that cdi-
tors as Intelligent, as the gentlemen who
write the columns OF the two Go:ctt,s and
the EicpeDjc1,t: that citizens a, intelli-
gent a the readers of those papers that
lawyer a. learned a. Messr.. Albright
and Platter; that any person with the
ability to read and - knowledge Of the po-
litical events that have transpircd In Hi
nois during the last few years. should en-
terrain the opinion Of the law of 1874, re-
ferrcd 10, that they entertain of II. To
debate with them would he los- of labor
probably. since upon thi, question they
have formed an opinion against the facts,
and have, we do not doubt, concluded to
stand by il: but nevertheless. the fact re-
mains that tile law of 1874 entitled an act
to protect colorcd children in their right
TO attend the public schools does not do
what is popularity called. mix the schools.
This We can prove to the satisfaction of
any unparalleled reader. and this We now
propose to do.
The constitution of 1870 directs that
"thc General Assembly shall provide q
thorough and efficient system of free
schools, whereby nh chji5tca ofthi, state
may receive good common school cdu-
cution.
The first General Assembly that met
after the constitution OF 1870 had gone i'll
to effect enacted law entitled AN act
to establish and maintain system OF free
schools, which was approved April |,
1872. Section j. of this act provides that
all children in any district over the age OF
six and under tweni y-one years shall have
secured To them the right and opportunity
to an equal education in the public
schools.
Before the law complained OF by the
editors above referred 10, and which
Mcssrs. Albright and Platter are seeking
to repeal, had been introduced into the
legislature, the school directors ola school
district in Mclean county erected school
house for the exclusive use OF educating
the colored children Of the district. and
hired teacher to teach said children.
Certain citizens of Mclean county there
upon filed bill in chancery against the
school directors, in the circuit court of
that county, praying that the directors be
enjoined from maintaining said school
for the exclusive education of colorcd
children. The court decided that. UNI
der the constitution and the law of 1872,
the school directors had no right to estab-
lish the separate school for the education
ofcolored children. The case went up to
the supreme court of the State. and de-
cision was made before the law of 1874, at
which the editors referred To and Mcssrs.
Platter and Albright are hurting their an
athemas, had gone into effect, affirming
the decision of the Mclean county court.
In the opinion rendered in this case by
| the Supreme Court-a unanimous opinion
this language is used
The free schools of the State are pub
lie institutions, and in their management
and control the law cOntemplates-
What law? Not the law of 1874. at
which the editors referred TO and Messrs.
Platter and Albright have become angry,
but the law of ls72.-
the law contemplatcs that they
should be 50 managed that all chilare,,
within the district. between the ages of
| six and twenty-Onc years, Regardless OF
| race or cOlor, shall have equal and the
saiiie rlsht 70 participate in the benefits
| 20 be derived thcrcfrom.
While the director. very propcrly hnyc
large and discretionary power. in regard
to the management and control of
| schools, In order 10 increase their useful.
ness, they hare no po,oel 10 make class dis.
tnchOHs, neither can then discriminate be-
tioeen scholars on account Of their color.
race or social condition.
1t will be seen that the law Of 1872 and
not the law Of 1874 mixed the schools.
This l. as plain As pike staff and every
lawyer knows that if the law oflS7l were
repealed Tomorrow the repeal would
nave no effect TO separate the white and
colored children in the public schools.
In the opinion of the Supreme Court
nom which we have quoted, it is said,
that had the district contained colored
children sufficient for one school and
white children for another. and had the
directors IN good faith provided separate
room Tor each, where the facilities for in
struction were entirely equal. that would
have presented question not raised In thi,
record, and upon which we express no
opinion, Here the inference is, we think,
clear, that the Supreme Court believes,
that under the law separate schools may
he maintained in districts in which there is
a sufficient number of colored children TO
be organizcdinto school. Itwould seem
therefore that all that is necessary to be