The Montgomery advertiser., 1907-02-06
TALLY IS F TO B WHEN
 FINAL COUNT IS MADE
Framed to Affect Chiefly Children
 of Caucasian.
Thomas Scores Lusk in Desste, sv Challenging Questson--CaIr. stafe. ment an Inssit ts
 Superior
 Race.

The Senate yesterday passed the compulsory education bill by the mar row margin of one vote. The morning session was filled with speech making, for it was the first educational measure the Senate has had to consider.
 The bill is considerably modified as compulsory education measure when compared to the laws of other states. It was drawn 10 have the same effect as the operation of the new constlfus tion. in that 1t should apply to the white race and against the negro race. The chief objection and the basis Of the opposition in its strenuous hght against the passage of tho bilI. wma the possibility of the biils compelling the negroes of the State to send their children to school The author of tho bill. Senator Reynolds. and lts staunch- est supporters. explained that the ma chinery of the bill made such an opsr- ation impossible.
 The bill. which the leaders Of tho educational movement In Alabama ca gard as one of the greatest advances made in school Legislation in recent years. is the only measure Of It's kind ever seriously considered by an Ale bama Legislature, That It was passan yesterday was due to the fact that friends of tho measure convinced majority of the Senators that 1t would apply to the white race and not AppIy to the negro race
 The general principia of the blu ix1 that every child in tho State befwenn the ages of 8 and 14 shall attend school at least two months continu< ousiy in each year. The bill further provides, however, that the teacher. or any district trustee. or member of the Board of Education. can excuse any child from the provisions Of the act.
 To make the bill meet the require ments of the Fourteenth Amendment, the bin declares the act shall not ap ply to any race In any district where four months school, absolutely free of tuition is not taught. It further specifics that the bill shall not apply to the negro race in any district where there is not taught a four monthss school for that race. and 1t shall not apply to the white race when there is not an absolutely free school of four months is taught.
 This provision. the friends of the measure claimed, gave assurance that the act would not compel the attend ance of negro children at school. This was asserted because in very few school districts In Alabama do the negroes have a free four montha school.
 The friends of the bill argued. too. that the enforcement of the act was placed fin the hands of the district trustees. and no Senator would think the trustees would institute proceed Ings to compel the attendance of ne- groes to the schools.
 The penalty of the act falls not on. the children who may fall to attend school, but upon the parents or guard fans who refused to send them. Such an ofEense is made a misdemean0r by the bill.
 Neither Drastic Nor Rigid.
 The bill is neither rigid nor dras- tci." said Senator Reynolds. Tt is an advisory bill, not 6 mandatory btll. It is a recommendation rather than an attempt at compulsion." 4
 Senator Reynolds went on to argue the necessity had arisen in Alabama for such O measure. The state would this year spend a million and half dollars on its common schools. and within three or four years the 6tat6 would be spending two million dol. lars. The House had only day or two previously passed bill to give S67, 900 annually to the building 0t |. L.. AImt. A state had done it's part It had pro- now do their part They should bg compelled to take advantage of the benefits the State had provided fos their children.
 You hear talk of personal liberty and of sumptuary legislation." said Mir. Reynolds, but the law already pro- tects the physical part of the child The law forbids the parent from abusA of the child by It's parents or its guard ians. Parents and guardians are for bidden to starve their children. Then, why should they not Do made to pro tect and consider the greater part of tho child. its mentality"
 Mir Reynolds declared the safeguards with which the bill had been pros vided prevented its operation in sixty counties of Alabama. Alabama was at present he said one of only elevnu States that had no compulsory eduea- tion law.
 Senator Davis. of Houston. pronosed an amendment. declaring the law should not be effective in the months of october. November and December, when the farmers In his section need ed their children In the gathering of their crops. The amendment was re- jected because 1t wns pointed out that the time the act should be In opera. ion was left to the discretion of the trustees
 Senator Jones was frankly opposed to the bill.
 Y am beginning to believe, since [ have found myself opposed to so much of the legislation advanced here. that bave hecoma an oId fouaxsN eetA