The Montgomery advertiser., 1901-07-13

exisetug st the rattdcztion of the Com stitution of 1875; provided, that such funds 60 raised shall be so apportioned and paid through the proper school or fcfals to the several schools in the townships and disfricts in said county that the school terms of the respective schools shall be extended by such sup pleffient as nearly the same length oi time as practicable.
 The General Assembly shall provide for carrying the provisions of this sec tion into effect.
 Sec. IS. The provisions of this Ar ftcle and Of any act of the General As- ssnbly passed in pursuance thereof to
 esta btish, organize and maintain a sys- tenn of public schools throughout the State, shall apply to Mobile County only so far as to authorize and require the authorities designated by law to draw the portions of the funds to which a0id county shall be entitled for school purposes, ana to make reports to the Superintendent of Education as may be prescribed by law. And all special incomes and powers of taxation. as now authorized by law for the benefit of
 public schools in said county shall re- main undistarbed until otherwise pro- vided by the General Assembly; pro- vided, that separate schools for each race shall always be maintained by said school authorities.
 Minority report of the Committeee on E1Ecation:
 Mr. President, .he and srsisned. mi- nority of your Committee on Education, does not concur in that part of the re- port embraced in section g in reference to the University of Alabama. While this institution has done great service for the State under existing
 conditions. it is the opinion of the mi nority that the usefulness of the Uni versity will be enhanced by providing i that the Governor shall not be q mem- ber of the Board of Trustees, and that the said board be authorized 10 elect it's own presiding officer. 1t seems in line with a true and broad policy that
 the appointing power shoulds not De d member nor ex officio president, or the board appointed.
 No recommendation is made by this
 mincaty in regard to other State in- stitutions for the reason that they have expressly petftioned that r1o change be made in their management.
 Your minority does not think that the fact that other institutions are satisfied with the existing conditions should det- CT the University from taking pro- sressive step. The State University IS in a class b yitself. and the fact that the Governor Is ex officio member of
 the Board of Trustees of the Alabama
 Polytechnic Institute or of the Board
 of Trustees of certain agricultural col leges is no reason why he should be a member of the Board of Trustees for the University.
 Therefore. the undersigned minority of your Committee on Education re- commends that the words leach of said boards of trustees at the end of
 Section 9 of the report be stricken out, and that there shall be added in lieu
 thereof the words the Board of Trtis- tees of the Alabama Polytechnic Insti- ute. The Superintendent of Education shall be ex officio & member of the Board of Trustees of the University; and the said Board shall elect its own President"
 taiened) Erie Pettus, John T. Ash
 craft. P w. Hodges. John A. Rogers,
 D. S. Bethune, Jere N. Williams,
 Henry Opp Minority of the Committee
 on Education.
 Minority report:
 MT. President, the undersigned. mem
 bers of the Committee on Edueatton.
 regret that they are unable to agree
 with the majority on the provisions of
 Section 12 of the article on Education,
 and beg leave to submit minority re- port proposing q substitute for said
 Section 12.
 This section as reported by the ma
 jority of the committee provides for the levy by the county of 8 one mill tax for schools. The majority claim this is
 local self-government in behalf of bet- ter schools. The leading educators of this State agree that the cause of edu-
 cation would be greatly accentuated by
 wise plan of local assessments for
 schools because of the local initiative
 and pride produced by q direct contri-
 button by a community to its schools.
 Local assessments contribute to the ir1-
 terest in the schools as we'll as to it's
 funds. Educators recognize the f0r-
 nrer as the more valuable contribution.
 The plan proposed by the committee
 has none of the advantages Of local as-
 sessments.
 The minority believe that both local
 and race initiative should be encourag-
 ed. The plan proposed by them has
 these two ends in view. They are aware
 that some persona have urged constitu-
 tional objections against the right of
 each race to contribute something to
 it's own schools Independently of the
 other race. but they do not believe
 these objections are we'll taken. In the
 Cummings law Q75 U. S. p. 528), the
 Supreme Court said while all admit
 that the benefits and burdens of public
 taxation must be shared by citizens
 without discrimination against any
 class on account of race, the education
 of the people maintained by State tax
 alton Is a matter belonging to the re-
 spective States, and any interference
 on the part of Federal authority with
 the management of such schools can
 not be Justified except in the case of a
 clear and unmistakable disregard of
 the rights secured by the supreme jaw
 Of the land
 The court was considering an appli-
 cation for ''an injunction that would only impair the efficiency of the High
 UT compel the board to close it." The
 court said: If that were done, the re-
 suit would only be to take from white
 children educational privileges enjoyed
 by them without giving to colored chill
 dren additional opportunities for the
 education furnished in High schools. '
 Tho colored school children of the
 county would not be advanced in the
 matter of their education by a decree compelling the defendant board to cea ase
 giving Support to a High school for
 white children" and the injunction was
 denied.
 In the Owensboro case q Federal Re-
 porter. 29O. the court held that the
 city of Owensboro did not have the
 right to impose taexs upon all the citi- zens of tho rity of OwenEboro a'Vifhout