The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-07
jim CROW" CASE
Wichita Separate School Fight
in Supreme Court.
Board Of Education Would
Segregate Negroes.
BITTER CONTEST MADE
Question of Punctuation Enters
Into the Argument.
Schools We're Founded Under a
Special Act.

The "Jim Crow school case from
Wichita was argued today in the
Kansas supreme court. Wichita's
board Of education tried to establish
separate public schools for blacks and
whites, but collided with the special
law under which the schools of Wich-
ita are organized. This special law
provided that the schools under the
charge of the board of education must
be conducted without discrimination
as to race or color.
The fight really seems to hang on
the punctuation of the special act. The
special act says, provided, no dis
of race or color" and the people VIII
want separate schools contend that
this proviso relates exclusively to high
schools, and not to common schools.
In the lower court, the judge took
this view of the case, and decided that
separate common schools might be
established. The colored people of
Wichita rebelled. and raised a purse
to appeal the case to the supreme
court.
The attorneys for the plaintiff, Sallie
Rowles, who were in court this morn
ing, were o. H. Bentley and John w.
H. c. Sluss and R. r. Vermilion APP
peared. Mr.. Vermilion is of the firm
of Stanley, Vermilion & Evans.
Sallie Rowles, the plaintiff, is the
old girl who was excluded from Elmer
son school because of her color.
The argument this morning centered
around section of the special act of
1889 under which the Wichita schools
are organized. This section is as fol-
lows: 2
THE board of education shall be a
body corporate under the name of THE
Board of Education of the City of
Wichita" and as such shall have the
power to sue and be sued; to elect Its
own officers, and make all necessary
rules for the government and regulation
of the schools of said city. under its
charge and control, subject to the pro-
visions of this act; to exercise the sole
control over the public schools ana
school property of said city; and shall
have the power to establish and main
tain a high school: Provided, No dis
elimination shall be- made on account
of race or color: Provided further, That
no tuition fee shall be collected from
any pupil who is an actual resident of
said city" rs
In speaking on the case, Mr., Bent
ley for the plaintiff simply outlined the
law, and declared that he held that
separate schools for blacks and white
may be maintained rWhere the leglsla-
ture gives authority, but that in the
case of Wichita. the legislature has
specifically prohibited any discrimina-
ton.
Mr.. Vermillion for the school board,
replied that If the facilities for colored
pupils are as good as the facilities Tor
white children even though the school
buildings may be separate, there can
be no charge of discrimination made.
st challenge the constitutionality of
the act" said Mr.. Vermillion. 1T says
it confers corporate powers upon the
Wichita board of education, and the
constitution provides that corporate
powers can not be conferred by spec
iaI act"
H. c. Sluss then raised the question
of the punctuation of the act, and
claimed that the proviso prohibiting
discrimination was intended to apply
only to high schools.
who punctuates, the legislature or
the state printer" asked Chief Justice
Johnston
Judge Sluss replied by telling a funny
story TT is fair proposition" he
said, chat it was in the legislative mind
that high schools should not be estab
lished so that colored pupils can be ex-
cluded."
How about the second proviso of the
act? Does that relate entirely to high
schools?' asked Judge Mason.
~ think that is not a necessary sup
position" replied Judge Sluss. But I
think that the legislative policy of the
state indicates that this first proviso
applies exclusively TO high schools"
John W. Adams then replied briefly to
the remarks of Mr.. Vermilion and Mr..
Sluss He said that the sole reason of
the action of the Wichita board was
because the girl Fannie Rowles was of
African descent