Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1883-09-11
Is it Constitutional

The Mahoneites on the stump and
through their organs are opposing the true
interests of both races which the Demo
Gratis propose to secure by means of actual
ly separate school organizations, as set
forth in the Lynchburg platform, by de-
claring that any law passed for that pur-
pose would be unconstitutional, because
that instrument provides for but a single
organization, and there cannot, therefore,
be dual school system established by the
Legislature without its being in conflict
with the organic law. We regret to see
that many of our own papers have been
missled by this false assertion of our want
of power to perform the promise we have
made the colored people of giving them
the entire control of their own schools and
the money to carry them on. But this err
ror on their part is an innocent one, and
due to the fact that they had to go to the
Code of 1873, printed ten years ago, for
their constitutional instruction, whereas
the Constitution has been amended since,
and on this very point. In the "Code Con-
stitution," Article VII, under the title
County Organization, Section 3, is given
the sub heading of ''School Districts" and
we find it containing this provision:
''Sec. 3. Each township shall be divided
iAtO 81 oCuOOJ uto-
tricts as may be deemed necessary pro-
vided that no school district shall be form
ed containing less than one hundred inhab-
itants. In each school district there shall
be elected or appointed annually one school
trustee, who shall hold his office three
years provided that at the first election
held under this provision there shall be
three trustees elected, whose terms shall
be one, two, and three years respectively"
Now, in the unamended constitution of
the Ne6e of 1878, section A, Immediately
following this was devoted to "Road Dis
tricts, " but that section was stricken out
by a vote of the people, when submitted to
them in 1874, and section 5 was advanced
to the place of the former 4th section, and
this section now reads, Immediately follow
ing the section we have quoted above:
''Sec. 4. The General Assembly, at its
first session after the adoption of this con-
stitution, shall pass such laws as may be
necessary to give effect to the provisions of
this article. But nothing in this article
shall be construed as prohibiting the Gener-
al Assembly from providing by law for any
additional officers in any city or county"
What better authority than this need
any ask? Here is plainly and fully given
to the Legislature full power to legislate in
enforcement of this whole article, and by
such legislation provide for the election or
appointment of as many officers as the ne
cessities of the schools may require. That
body is not restricted by the Constitution,
therefore, if in its Judgment las the Con-
stitution does not prohibit it, and only
things prohibited by it are beyond the
reach of legislation) it shall deem it best
for the interests of education and of the
people, and it is surely in the interest and
70, the welfare of both, that we should
have separate schools and school organiza-
lions, each under the full control gifts own
race and color, the right to perform this
actis left entirely with the Legislature,
Whenever it shall see proper to exercise its
power for that purpose.
We hope, now that this matter has been
made plain, we shall hear no more from
JOIN S. Wise, or other Mahoneite stump
ers, about the necessity of mixed school
boards, and that our canvasser and news
papers will fully enlighten the people in
the matter of their constitutional authority
for the establishment of separate schools,
separate school-boards, and fair division of
the school fund.-Richnaond State.