The Montgomery advertiser., 1901-07-06

children of school age In each county. Efthodt regard to whether or not they attend the schools. This proposed sec fion provides after it Is apportioned . equitably between the two races, that , the part apportioned to the white race shall be paid to each school in the prc- portion that the number of pupils in that school bears to the total number in attendance in all the white schools. If any one sdesires to get the benefit of this fund he must send his chit- dren to the public schools, and he cannot draw the money out and spend D N for groceries as has been done in many instances under the present State system ar
 Mir. Rogers tsumter)-Wiil the gem tleman allow me to ask a question!
 MT Browne-Certainly.
 MT. Rogers (Sumter)-The law re- ouires a certain number of children before there can be a school?
 Mr. BroWne-Yes sir. -ar
 MT. Rogers (Sumter)-There are some beats in the Black Belt that have pot enough children of school age to make up that number. What would you do with that?
 MT. Browne-There is a statute that allows them to draw their money out or attend a school in another precinct and get it that way. But that law Is not constitutional and could be changed.
 MT. Rogers (sumter)--And you pro- pose to destroy that?
 Mir. Browne-If you live in a precinct where there are not enough children to have school you nay send them to any public school in that county and your child gets it's pro rata share in the other school. That is one of the main advantages of this law over the State system. Under this it makes Jb difference where your child goes to school so that it is within the county and the child gets its share of this fund.
 MT. Rogers (Sumter)-But in some sections the school houses of another precinct would be so far away that the child could not walk and the par ents are not able to buy carriage for 1t. In such case how would the child get the benefit?
 Mir. Browne-Qo you mean where the child is not sent to school?
 Mr. Rogers-I mean where the child would be so far from the school house in another beat that it could not walk there. and the parents are not able to pay its board to send them there. What do you propose there?
 MT. Browne-Do you mean what do I prVnose where the child won't go to the public school?
 / Mr. Rogers-I don't want you to put my, question iT any such light. The child is anxious to go--
 4 MT. Browne-But does not go In re- ality?
 MT. Rogers (Sumter)-He cannot go because there is not the requisite num- Der in his beat to make up public school.
 MT. Browne-And on account of that. Ae does not go to any school?
 M. Rogers-Yeg.
 MT. Browne Then he gets nothing and ought not to.
 Mf. Rogers-Why should he not when his father is contributing as much as any man in the county?
 Mir. Kirkland-I raise the point of or der that the gentlemans time has ex- pired.
 The President pro tenn. (Mr. Cunning ham)-The present presiding officer does not know when the gentleman be- gan. The gentleman has been speak ing five minutes since the present pre- siding officer took the chair.
 MT. Burns-He is the chairman of a committee. His time is not limited to ten minutes.
 The PresiGcnt pro tem.-The chair is of the opinion that this is an amend ment and the gentleman is not in the position of a chairman of committee on that.
 Mr Foster-Does this section contem- plate that the fund shall be divided equally between white and black?
 Mfr, BroWne-It says 1t shall be ap- portioned equitably between them.
 MT. Foster-Does the gentleman think it is legal to divide it unequally? Mir. Browne-Yes; under the Federal decisions. Mir Foster-Do you think that sec tion is legal?
 Mir Browne-Yes, sir; know it is, if the judges of the Federal Court know what they are talking about. Mir Foster-You think it is legal to divide it unequally between the races? MT B-owne-Yes, sir; but 1t cannot De divided arbitrarily according to the amount paid by each race. MT. Fostcr-Does not this leave 1t to Commissioners Courts to divide 1t as hey please? MT. Browne-No, sir; to divide it .quitably. MT. Foster-What. does "equitably" mean? MT. Browne-Some Commissioners Courts would construe it one way and )one another. The Circuit Court of the United States in Claybrooke vs. Owens- boro Q6 Fed. Rep. 302) held, The eoual protection of the law guaranteed by this amendment must and can only mean that the laws of the States must be equal in their benefit as well as equal in their burdens, and that less would not be the equal protection or the laws This does not mean abso- | iute equality in distributing the bene- | fits of taxation. This is impracticable; l hut if dnes mean the distribution of | the benefits upon some fair and equal classification or basis" In other words, | they hold that it can be divided equit- | ably. that it is not necessary to divide | ii according to the number Of school | children: but it is held in this decision md in other eases, that you cannot d. wide it according to the amount paid | by each race.
 Now it is proposed by this section or contemplated that the Boards of Com miseioners will supplement the State nubIic school fund with this special tax in such a way as to allow or provide For scnool terms of equal length for hotb white and black. And that is cer- tainiv equitable There is no neces sitv for paying a teacher for colored school the same amount you pay to white school teachers, because you can set them at much less salary. Under inc present laws of Alabama, if the Iaw is carried out, the colored pupil cats the same amount of money per capita as the white pupil, and that is net justice.