Daily press. [volume] (Newport News, Va.) 1896-current, 1908-11-10
RACES NATURALLY l1IAGox|sT|c
High kentucky Court Took This View
and its Decree Is confirmed-eerea
College IS Treated As a Corpora
tion. Not as arlan and
Day Dissent.
(By Associated Press.)

WASHINGTON, d. C., Eoy. 9.-ln
deciding the case OF Berea College
vs. the State of Kentucky favoranly
to the State the Supreme Court OF
the United States To-Day held that a
State of the union may constitution
ally legislatc TO prevent tle co-edu-
cation Of the white and black races.
The case was instituted TO test the
validity OF the State law OF 1904
prohibiting white and black children
from attending the same schools.
Races Naturally Antagonistie.
The higher State court took the
position that the white and black
races are naturally antagonis:ic. and
that the enforced co-cducation of the
children of the two races is in the
defiance OF the preservation OF peace
The decision of the Supreme Court
Of the United States was handed
down by Justice Brewer and affirmed
both by the Kentucky court and the
Court of Appeals.
Justices Harlan AID Day iissentei.
Justice Brewers opinion dealt en-
tirely with corporations as affected
by the Kentucky statute. and did not
consider the question of its applica-
bility to individuals
Passing upon the theory that
State has a complete control over
corporations as it's creation, he then
construes the law of 1904 IS in ef-
feet an amendment to the charter OF
Berea College and added:
Subject to Limitations.
1T is undoubtedly true that the
reserved power to alter or amend
is subject to some limitations, and
under the guise of an amendment.
new contract may not Always be en-
forcible upon the corporation or the
stockholders. but it is, settled that
power reserved to the legislature to
alter, amend or repeal charter
authorize it to make an alteration
or amendment Of q charter granted
subject to it.. which will not defeat
or substantially impair the object OF
the grant or any rights vested under
it and which the legislature may
deem necessary to secure either that
object OF any public right.
State Within It, Power.
we need concern ourselves only
with the inquiry whether the first
section of the Kentucky law can be
upheld as coming within the power OF
a State over its own corporate crea'
lures. We are Of the opinions. that
i. does come within that power
Responding to some Of Justice
HarIan's structures. Justice Brewer
said:
There is no force in the sugges-
ton that the statute. although clear
ly separable. must stand or fall as an
entirety on the ground that the legis-
iature would cot have enacted one
part unless it could reach all. That
the legislature OF Kentucky desired
to separate the teaching Of white ana
colored children may be conceded.
but it by no means follows that u
would not have enforced the situa-
ticu SO far rs !. could do so. evei
though II could not make 1t effective
under all circumstances. In other
words. II Is not at all unreasonable
to believe that the legislature. al
though not advised beforehand Of the
constitutional question might nave
prohibited all organizations and cor
porat.ons under its coatroi from
teaching white and colored children
together. and thus made At least
uniform Official action"
The oissenterV Views.
Ccntending that IL would prove IN
practicable and unsatisfactory TO
separate corporate from private
schools. Justice Harlan. in his dis
senting opinion said the court should
meet the entire question sauareiy.
and decide whether 9; Is . crime
under any conditions to educate white
children and negro children al the
same institution. He did not con-
cede that 10 should be 50 regarded.
Have We become so taocuiasea
With prejudice OF race that an Ameri-
can government. prosessediy based on
the principles or freedom and chars'
led with the protection Of all citizens