The news & observer., 1905-01-07
UNDER THE DOME

Judge 3. Il. Winborne from Hert-
ford county, has introduced bill in
the House to amend Article 8, Section
2 of the Constitution by striking out
the clause forbidding discrimination
between the races i'm school and pro-
viding that the General Assembly may
allow each race to tax its own poll and
property for special school purposes,
for the race so taxed. The first section
of the bill reads as follows:
Section /. That Section of Arti-
cles9 of the Constitution of North Car
olna be and the same is hereby
amended as follows: Strike out the
words ''but there shall be no dis
examination in favor of, or to the pre-
judice of either race" and insert the
following in lieu thereof, The Gen
eral Assembly may permit either race
TO tax its poll and property for special
school purposes for the race so taxed"
Sections 2 and provides for sub
mitting it to the voters at the next
general election.
Judge Winborne says his bill does
not violate any part of the Federal
Constitution. That the Fourteenth
amendment to the United States Con-
stituion only declares who are cit-
zens of the United States, and of the
States, and denies the right of State,
TO abridge the privileges or immunities
deny, any person within its jurisdiction
the equal protection of the laws, and
that persons shall not be deprived of
life liberty, or property except by due
process of law
Article S, Section | of the Consti-
tuition of Georgia reads as follows:
There shall be a thorough system
of common schools for the education
of children in elementary branches of
an English education only, as nearly
uniform as practicable, the expenses
of which shall be provided for by tax
alton, or otherwise. The schools shall
be free to all children of the State,
but separate schools shall ,'c provided
for the white and colored races"
The Supreme Court of the United
States in the case of Cumming vs..
Board of Education of Richmond
county, Ga, It's L. S. Report 52S, in
1899, held, that a law providing for
a public high school for white chill
dren to be maintained by State taxa
ton. and none for colOred children, /
did not violate any of the provisions
Of the Fourteenth amendment, or any
other part of the Federal Constitution. |
Judge Harlan, for the court, further
says:
1--WE may add that while all admit |
that the benefits and burdens of pub
lie taxation must be shared by citi- |
zens without discrimination against :
any class on account of their race, the |
education of the people in schools
maintained by State taxation is a mat
ter belonging to the respective States. |
and any interference on the part of
Federal authority with the manage |
ment of such schools cannot be justi- |
fed.
The opinions, in Putt VS.. Commis-
sioners, "a n. G. 709, Riggsbee VS. |
Town of Durham, "a \. G. 100. Mark
ham VS.. Manning &c n. G. 1872, were |
rendered under our present Constitu-
tion which expressly forbidS discrim- /
ination between the races, and which |
also requires uniformity in all taxa
ton.
The substitute which my bill pro- |
vides for the words to be stricken out, |
removes the objection, also, that such |
legislation and taxation would be void |
for want of uniformity, as complained |
of by the court in Puitt's case.
The above North Carolina cases /
declared void statutes authorizing
high schools. My bill leaves that part
of the Constitution requiring four
months of free public schools per an
mum for all school children in the |
State. but after this the General AS
sembly would nave the power to dis
criminate in favor of either race, OF
the sex of either race. Only four
Stats in the Union have prohibitory |
clause in their Constitution, forbid |
den discrimination between races.
They are North Carolina, Kentucky, |
Washington and Wyoming. All the |
other states leave the matter to their
respective legislative bodies
I'VE have had the greatest quantity |
of geese we have had in ten years, !