The Richmond climax. (Richmond, Ky.) 1897-1914, 1905-02-22
Wednesday, Feb'y %, 1905


slave and the other freeman; that
would be to draw the illogical sequence
of inferiority from difference only. It
is simply to say that following the or
der of Divine Providence, human au-
thority ought not to compel these
widely separate races to intermix.
The right of such to be free from
social contact is as clear as to be free
from intermarriage. The former may
be less repulsive as a condition, but
no less entitled to protection as q
right. When, therefore, we declare a
right to maintain separate relations
as far as reasonably practicable, but
in a spirit of ki1fness and charity
and with due regard to equality of
rights, it is not prejudice nor caste,
nor injustice OF any kind, but simply
to suffer men to follow the law Of
races established by the Creator him
self, and not to compel them to inter-
mix contrary to their instincts"
No well informed person in any
section viii now deny that the posi-
ton of the Southern people that "se-
gregation in school. church, and socie-
ty is in the interest of racial integrity,
and racial progress" is sound, and
who viii deny that that is laudable
desideratum2
Such have been from the earliest
history of our country the views Of
our most profound scholars and wis
est philosophers. History tells US
that Thomas Jefferson was one Of
the first advocates of emancipation
of the slaves, and that as early as
177S, be drew offered and had pass
ed in Virginia a bill prohibiting the
importation Of slaves by land or sea,
and proclaiming those so imported
to be free In another bill he proVid-
ed for the emancipation of all after.
born slaves, but while he was giving
this unmistakable evidence of his alb
horrenee of slavery, it is said that he
unreseryedly expressed his disbelief
that the two races could mingle in
harmony under co-equal conditions of
freedom. In 1921 when commenting
upon and bewailing the failure OF his
state to adopt his schemes for eman-
cipation he wrote the following:
1T was found that the public mind
would not yet bear the proposition,
nor viii it bear it even at this day.
Yet the day is not distant when 1t
must bear and adopt it, or worse will
follow. Nothing is more certainly
written in the book of tate than that
these people are to be free. Nor is II
less certain that the two races can
not live in the same government. Ma
ture, habit, opinion, have drawn indie
lible lines of distinction between
them"
In the light of the fulfllment of the
portion of this prophecy which the
last generation witnessed, and with
the race problem still unsolved. can
the present generation, until the
books of the negro problem in Amer.
lea are finally balanced, say with abb
solute certainty, that the other part
OF this great philosophers prophecy
was not forecasted with an equal pre-
science?
Applying the rules of law set out
in this opinion-rules that have been
announced by the highest authority
and approved by SO many courts
to the legislation now under
consideration, the court is unable to
reach any conclusion other than that
the act in question comes clearly
wltnm the province of the law MAX
ing power Of the state, and that the
court would be unwarranted in hold
ing that the action of the legislature
was not legitimate exercise of the
police power Of the state.
The Defendants darorr-c,. - A.
dictment will therefore be overrulad
and the defendant will be given an ev.
ception.
If this case reaches the higher
courts and the views expressed in
TINS opinion are sustained and upheld.
II Is the personal view of the Judge
OF this court, that the act of the legis.
lature which is now so yirogouslv as.
sailed by the defendant viii proye to
De blessing to Berea College. and
10 the eolored as well as to the white
youth OF Kntueky. Instead OF the
useiuiness of Berea College heinp
ualnperad, it is the opinion of the
Judge of this court that its uowAr fo1s
good VIII be greatly extended and
enlarged. If it should be determined
by the trustees Of the College. as the
:"@@c OF this court hopes and believes
= VIII be, to continue the college OF
Berea Tor the reception and educa-
uoh OF white boys and girls, and to
establish at some other point in Ken.
tuelly, beyond the prohibited distance
a coliege for the reception and educa,
tlon OF colored youth, the prejudice,
"hlch mas heretofore existed to SONS
extent In some quarters and from
some persons against Berea College
because of the co-education there OF
lhe Two races, will completely vanish
ana the generous open-handed peo-
PIE OF kentucky will extend their
sympathy to, and give substan lal ala
and encouragement to both institu-
lions to an extent to which many
hentuckians have heretofore been nm
willing to do. These views. of course
90 not affect the legal questions in.
vowed In this case, but they cause the
yuuge OF this court to be better salts.
hed with the conclusions reached as
10 the legal aspects of the case. than
ne could be, did he not believe that
Denehcent results will surely follow
a cheerful compliance with and ac.
qulescence in the Day Bill by The de-
PENDANT.
RMS court does not believe that the
legislature of Kentucky was prompted
Dy any race prejudice or any HOSTILE
" towards the negro in passing the
act under consideration. Kentucky
is not inimical to the education of her
colored citizens. The state NOT onIv
pays annually as much per head far
the education of each colored how ana
girl between the ages of six and TWEEN
" years, as it does for each white bow
and girl between those ages. but II
maintains, for the higher education OF
the colored race, a colored normal
school at Frankfort, and in that
school those who will agree to teach
In the colored common schools a per-
iod equal to twice the time spent In
the normal school are given free tut
uon- Annual appropriations of So
0OO 600 are made from the funds of
state to support this school. and in
1902, there was a special appropria-
ton of s15,00O.O0 made to erect new
buildings.
While the legislature is thus CON-
stantiy eyincing spirit of sympathy
with, and giving substantial aid for
the education of the colored youtb
OF the state, it should not be said that
that body was prompted by other
than the pureSt and host r,,ofivo- A.,