The Montgomery advertiser., 1901-08-16

his position, but to show you how weak the argument of the gentleman was on that point, I will read you the facts, as they are very briefs In the case re- ferred to by him--the case of Claybrook vs. the City of Owersboro. Ky. the de- cision of the court was rendered py Justice Barr, a United States District Judge in ttat State. Here are the facts in brief, just exactly in line with the minority report ot this committee: '"The compliments allege that they are citizens of the United States and or the State of Kentucky, of African de- scent, and are residents of the city or Owensboro, and arc being deprived by defendants of the equal protection or the law in that they are diecriminated against in the distribution of the taxes levied by the city of Owensboro for the public schools nf that city. and they ask an injunction against the Roard or Trustees of Owensboro public schools. The General Assembly of Kentucky has by separate enactment. one in Isn. and the other in 1880. authorized the Mayor and Common Council of tee city of Owensboro to assess and lew an ad valorem tax not exceeding two dollars on each resident of said city over twenty-one years of age. this tax when collected to be applied to the maintenance of public schools ot said city the taxes collected and assessed on the white people for white cnlloren only and the tax collected on colorod people on their property to be used fer sustaining the public schools for ''ol- -ored children" The court decided that That law was clearly unconstitutlonal and void That is the case referred f'' by the gentlemen, and yet it is In d. rect line with the minority report Of the committee. That says the taxes shall be collected from the whites for the benefit of the whites, and from the ne- groes for the benefit of the negross.
 MT. Pillans-What authority IS tnaf'
 Mir Jones-The Federal Reporter. Volume IS.
 Now as I before stated the other case cited in 95th N. c. went off on the question or whether an injunction was the righ- way to reach it. and the court there said that if 1t was shown that there was any discrimination on ac- count of race. if that had been the manner in which 1t had been presented. that 1t would have decided that law unconstitutional
 Tn 18th Cal, the Supreme Court of that State. in speaking of the right Of the races to participate in the fund. say that, under the Constitution of the United States the right of the coorej race to participate in the school fund is as much vested right as the right of property. Now. gentlemen, what do they ask us to do? They come here and ask US to pass an unconstitutional provision that the courts have dacided is unconstitutional They ask us to pass provision in the educational article that t!ev know is in direct conflict with the Constitution of the U. s. and yet they say that the coiored people demand it. They would have to be lacking in all sense if It were possible under the law, to ask that their pittance be set apart for them and that the taxes collected from the white people should be set apart for the white children.
 The Supreme Court in the case that I cited a while ago of Claybrook against the City of Owensboro, in their opinion said:
 "Waiving all consideration of the question as to the rights of complain ants as citizens of the United States, we proceed to inquire whether the Act of 1871 and it's amendments deny to complainants the equal protection of the laws does not mean the equal bene- fit of the laws; that protection in this section dees not mean benefit; and that the ineduality here is only in the bene- dts arising from the laws. Perhaps, the best way to test the soundness oi this distinction. a $ applied 10 the laws of a State, would be. to imagine the distinction a good one, and see where it would lead. Thus, if protection only means equal taxation and not the equa benefits of the taxes when levied and collected for governmental purposes the State may apply such taxes, not only according to color, but also ac- cordng to the nativity of the citlzen.'
 hnX- sl in n1- munity of the State, class of good citizens, a class of people, who do not as a rule, violate the laws of the State a class of people who are public spirit ed. l alluie to the Jews. We had just as well say they are not getting Wha, they ought to get from the other white people of Alabama. and to say that we will set apart the taxes paid by the Jews for the education of the Jews. It would be just as constitutional a: the proposition of the minority com mittee. You might go further still and divide the people into classes and say that the people who are worth ter thousand dollars should be a class, and whatever money is collected from then on their property should go to build ing up the schools for the people who own ten 'thcu and dollars worth O. property, and the people who owned one thousand should be in another class, and that the taxes collected from them should be set apart for the bene fit of their children in the different communities in Alabama.
 MT. Reynolds eChilton)-I want tC ask you what is the difference in sep arating the property tax and separat ing the poll tax? I am rot lawyer
 MT Jones-You lot separate either It is unconstitutional.
 Mir Reynolds Chilton)-But 1t 1! done.
 MT Jones-There is a section in the Statute laws of Alabama setting apar the poll taxes, and when that is con tested, you will see that any court vii declare it unconstitutional
 MT. Reynolds (Chilton)-How lonE has it been so? .:e-
 Mir Jones-I don't remember the year It was several years ago The white people did not contest it. and the col ored people would not do it. They diC net have enough interest in 1t, but tha law is unconstitutional. If the pol taxes collected from the white peopl' is set apart for the white children. ant the poll taxes collected from the col o1ed people are set apart for the col ored children, that is just as unconsti tutional as the setting apart of taxe collected on the value of the property owned by the respective races.
 There Is no Constitution In the coun +r,, thot bas euch a nroViSiOn aS this