The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-01-13


would give to each child a little less than
fifty seven cents and would furnish
schools for them for a little more than
one month out of the twelve. 1t must be
manifest that such a provision as TINS
is an injustice to the negro and injurious
to us. No reason can be given for diVld-
ing the school fund according to the pro-
portion paid by each race which would
not equally apply to a division or the
taxes paid by each race on every other
subject. Education is a governmental
function. The right TO collect taxes for
that purpose is based on the duty Of
the State to educate its citizens. The
care of the insane is nc more the duty
Of the State than education, and If we
divide the school fund according to tie
races we should also divide the fund for
the maintenance Of the hospitals for the
insane in the same fashion. We are prob
ABLY not much wiser now, if any, than
the men who framed our Constitution in
1873. There were many able men in that
body. The Constitution of 1886 on the
subject Of education was as follows:
The General Assembly, at lis first SEES
sion under this Constitution, shall pro-
vide by taxation and otherwise for 2
general and uniform system OF public
schools, wherein tuition shall be free OF
charge to all the children Of the State
between the ages of six and tWentyone
years" The convention of 1876 added to
that provision the following clause: And
the children of the white race and the
children Of the colored race shall be
taught in separate public schools; but
there shall be no discrimination in favor
Of, Or to the prejudice of either race
Why should they have provided against
discrimination? They probably thought
discrimination unfair and in addition it
must be that the learned lawyers in that
convention were of opinion that any dis
elimination in favor of either race would
be violative of the Fourteenth Amend
ment to the Constitution of the United
States. In this view hey are sustain
ed by all the courts that have ever
passed upon the question and by all the
text writer's as we'll. The Federal Court
in Kentucky expressly held that a pro-
vision dividing the funds between the
races according to the sums paid by
each race for education was prohibited
by the Fourteenth Amendment. 1t seems
to me clear that this opinion is right
and if it is the proposed amendment
would be declared unconstitutional and
the suffrage amendment which we have
adopted and which promises so much to
the State would undoubtedly follow in
it's wake. The strength of our present
amendment lies in the fact that after
1908 it provides an educational qualifica-
ton and the courts will go far towards
sustaining a provision of this nature
when the State is endeavoring to educate
all her children. but if it should be made
to appear to the court that in connection
with our isfranchisemen Of the negro
we had taken pains for providing to keep
him in ignorance than both amendments
would fall together. The amendment pro-
posed is unjust. unwise, and unconstitu-
tional. It would wrong both races,
would bring our State into the con-
domination of a Just public opinion else
where, and would mark us as a people
who have turned backwards. The State
of North Carolina has heretofore en-
joyed the distinction Of being first in
these things which look to q larger lib
erty and a consequent higher develop
ment of her people. Let US not seek to
be the first State in the Union to make
the weak men helpless. This would be a
leadership Which could bring us no honor,
but much shame. I earnestly hope that
no effort will be made to secure the adop-
ton of the proposed amendment. Let us
be done with this question for while we
discuss it the white children Of the State
are growing up in ignorance. To secure
the education of all our people is a great
task and we have no time to waste in
discussing impossible changes in our Con-
stitution. When it is finally admitted.
as it must be, that such an amendment
cannot stand before the courts we will
have gone a long way towards solving
our educational problems. In my judg-
ment our Constitution does not contem-
plate a division Of the school fund per
capita, but it is required that equal facil-
tiles shall be accorded both races. With
in the limits Of this Interpretation both
races can be reasonably educated with
out excessive cost to the white people,
and within this provision we are in no
danger of having our educational system
upset by 4 decree of the courts. Educa-
ton is q matter belonging to the States
and the funds raised for it are raised
by the States and until it appears affirm
atively and clearly that one race or the
other is denied the equal protection of
the law the courts will never interfere
with the conduct of our schools. If
there are districts in the State in which
school terms for the negro exceed those
for the white, this comes about by UNI
wise local arrangements. This can and
must be remedied. Care should be taken
by those charged with the execution of
the law to provide equal facilities for tie
white race as we'll as for the colored
race and If any legislation is needed to
secure this end your Honorable Body will
interest in the cause of education in the
State has greatly increased and we now
nave promise of realizing the highesl
dreams of our fathers. The last Gen
eral Assembly made provision to secure
a four months term of public school in
each school district in the State. We
should not stop here. There should be
a constant effort to go further. Local
taxation should be encouraged. Public
opinion should be made strong enough
to compel the attendance of the children
upon the schools. The salary of the
superintendent of Public Instruction is
inadequate. Education is today the chief
concern of our people and the salary of