New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-04
COLOR LINE 1T COLLEGE,.
Drazcn by Kentucky Legislature at
Bered Institution.

Berea, KY, Feb 3.-The Court Of Appeals of
Kentucky, in session at Frankfort has been en-
gagged this week with the strange situation in
which the legislature of this State has placed
Berea College, which since the war has been
teaching white and colored young men and
women under the same roof. In October 1904
the college was indicted by the grand Jury of
Madison County, KY, for violating an act of the
General Assembly of Kentucky prohibiting white
and colored persons from attending the same
school Under the first section of the act the
college was fined $1,000 and an exhaustive opin-
ion was handed down by Judge Benton sustain
ing the law.
If the constitutonality of the law prohibiting
the co-education of whites and blacks is upheld
by the Court of Appeals the college will carry
the case to the highest United States Court
There is some doubt whether not the State
will carry the case any further if the decision
is against it, although the sentiment in many
localities is strongly in favor of the act
Since this disputed legislative action was
taken the Berea College authorities have been
abiding by the law. The colored students who
were enrolled there have been provided for in
other schools, the action of the legislature
was too sudden to allow the founding of a
separate department for the negroes at least
twenty-five miles from the college for the whites
as the law required. Some were sent to Fisk
railroad fares and to maxi up the loss sustained
by the sudden and compulsory change. Many
were able to find reasonable advantages in the
vSlinity of their homes, and a public school was
opened and equipped for the small coIored chill
Sren of Berea.
one negro was admitted after the law was
passed as a matter of formal violation. 1t was
understood that the State was to take action
snIy against the institution for this violation and
That no technical points should be raised by
either side to block the passage of the case
through the courts. Under the law the instruct
prs could have been fined heavily as the in
sutuuon-S1,OO for the first offence and 800
for each day they presided over the mixed
class. Even the students could be fined $50
each for every day they attended an institution
which received both whites and blacks
To understand the situation at Berea one
must go back to the slavery days in Kentucky
before the Civil War Eastern Kentucky had
strong anti-slavery settlement which insisted
on the right of free speech on slavery or any
other subject. Among the leaders was Cassius
M Clay. who invited the Rev John G. Fee TO
Settle ON Berea ridge. He came in 1853 and
the college was born shortly after in the anti
slavery church which he organized
The college proper was opened a few wears
later under the direction of the Rev ]. A. r
i'oeers with ninety-six pupils, all white though
Il was most difficult to find ten men who were
willing to be trustees in the face of the ire
mehdous sentiment against the Abolitionists In
december 1853, Mr.. Rogers and eleven others
were driven from their homes by the slavery
eieneht' and Berea College was forced to close
ITS doors. - ~
al lhe close OF the Civil War the Rereans
were able to carry out their original nIan which
a' u ADMIT all young people of good moral
for twenty-five years about half
fhe students were colored, and the vaIua ot ~