The Birmingham age-herald., 1908-02-28
Case from Berea College h Kentucky Goes Higher
 on the Appeal
ATTORNEY GENERAL SETS
 FORTH PRIMA! FACTS
Judge 6reathitt Declares That Races Should Not Mix in Advanced Schools As Trouble Will
 Surely Follow.

Washington, February 27.-(speeial)- The clerk of the supreme court of the United States today received rom Att torney General Breathitt of Kentucky and his counsel, N. B. Hays. Thomas Me- Gregor and Charles H. Morris, their brief in behalf of the state in the case Of Be- req college vs. the Commonwealth of Kentucky, which will be argued before the supreme court within a few weeks.
 Tho case is brought to the supreme court on the question of the constitutions ality of the act of the Kentucky legis- lature four years ago prohibiting whites and negroes from attending the same school Judge Breathitt declares it his belief that the state statute does not eneroach on the rights of either race. nor does it discriminate against the civil rights of either.
 This statute" says the attorney gen- eral of Kentucky, was intended to pre- vent these two streams of life from flow ing into common channel to preserve race Identification and to maintain the purity of blood. It is the public policy of Kentucky to require the equal, but separate education of the two races; that while guaranteed equal civil rights 1t Is the policy of the state of Kentucky to maintain a separate social status
 Distinction in View.
 How is the state to maintain a sep arate social status if the young white and colored children are permitted to go to school together, to sit together to eat together, to recite together, to study together to sleep together. to associate together and to becou.e th,t guests of each other? May we ask what more is needed to constitute social equality? But let social equality be once estab- lished and mutual attachments will follow as surely as the day does the night; first, among the weaker members of each race. and finally among al resulting in the destruction of and plotting out of the individuality and identity of each race
 .'The laws of the state which now pro- hibit their intermarriage if not repealed would leave them to gratify their mutual passions of love in licentiousness. Or is it reasonable to suppose that social equal ity may be established between the two races without inter-marriage between the white and coloreu races, where it is not prohibited by law? The associated edu- cation or the races would lead to social equality, to inter- marriage and to an amalgamation To guard the rights of the generations yet to be- to preserve the identity of the races, and to maintain the purity of blood, the commonwealth of Kentucky in the exercise of her sov- ereign policy, enacted the statute in question.
 Must Note Facts.
 ''The general assembly of Kentucky and this honorable court must take notice of all facts. truths and matters which are so notorious Snd universally known as to form a part of the common infor- nation of mankind.
 "The historian and adventurer found the negro race, centuries ago, in har- barism. and the race as whole so re- mains a warning and an s.dmonitation against social advancement and equality.
 While the Caucasian takes the white of the Italian marble and the negro the sableness of the night vet color is not the result of individual choice or prefer- ment These are few of the many req sons why two races should not be edu- cated together, and the inevitable se- quenee of social equality avoided
 Feeling satisfied that this statute de- prives neither race of liberty privilege. property or immunity; nor denies to either; the equal protection of the law. and be- lieving that it is for the good of both the commonwealth of Kentucky on be- half of it's generations to come, claims and pleads the inherent. sovereign right to require the white and the colored children within her Jurisdiction to ate tend separate schools"