The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-11-10
SUPREME COURT
SUSTA|NS STATE
Berea College Must Separate
Whites from Blacks
ANTAGONIST IS TOO GREAT
Justice Brewer Renders the Decision
Which Says State Has a Right
to Prevent coeducation
of Races.

Washington November Especial y
That a state has power to pass a law
separating the races in matters of educa.
ito is the opinion of the United States
supreme court.
The court today held in the case of
Berea College VS.. the Commonwealth of
Kentucky that the state has such right
and accordingly affirmed the decision
of the court of appeals of Kentucky I'M
Ger which Berea college was fined $1,000
for permitting white and negro children
to attend the same school. Justice Brewer
rendered the decision. He says the only
question is whether the act of the Ken
lucky legislature conflicts with the fed
eral constitution.
1.-The Kentucky court of appeals" says
Justice Brewer, discussed at some
length the general power of the state in
respect to the separation of the two
races 1t also ruled that The right to
teach white and negro children in a
private school at the same time and place
is not a property right besides appellant
as a corporation, created by this state
has no natural right to teach at all. Its
fit to give it. The state may withhold
ii altogether or qualify it.
Upon this we remark" says Justice
Brewer, that when a state court decides
a case upon two grounds, one federal
and the other non-federal, this court will
not disturb the judgment of the non-fed-
eral ground which fairly construed sus-
tains the decision. Again. the decision
by a state court upon one of its own
corporations is of a purely local nature'
In creating a corporation, a state may
withhold powers which may be exer-
cised freely and cannot be denied to an
Individual. It is under no obligation to
treat corporations and individuals alike
In granting corporate powers, the legis-
lature may decree that the best interests
Of the state would be subserved by restric-
ton and the corporations may not plead
that in spite of the restriction it has more
or greater powers because the individual
citizen has. The act of 1904 forbids Any
person, corporation or association of per-
sones to maintain or operate any college,
etc. Such a statute may conflict with the
federal constitution in denying to individ-
uals powers which they may rightfully
exercise and yet at the same time be
valid as to corporation created by the
state.
1T may be said that the court of APP
peals sustained the validity of this Sec
ton of the statute, both against the indi-
viduals and corporations. 1t ruled that
the legislation was within the power of
the state and that the state might right
fully thus restrain all individuals cor
porations and associations. But 1t is un-
necessary for us to consider anything
more than the question of its validity as
applied to corporations. The statute is
clearly separable and may be valid as to
one class, while invalid as to another.
Even if 1t were conceded that its asser-
ton of power over individuals cannot be
sustained, still it must be applied so far
as It restraints corporations.
"There is no force in the suggestion
that the statute, although clearly sep
on the ground the Legislature would not
have enacted on part unless it could reach
all.
"That the legislature of Kentucky de-
sired to separate the teaching of white
and colored children may be conceded,
but 1t by no means follows that 1t would
not have enforced the separation so far
as it could do so, even though it could
not make it effective under all circum-
stances.
'In other words it is not at all reason
able to believe that the legislature, al
though advised beforehand of the con-
stitutional question, might have prohib-
tied all organizations and corporations un-
der its control from teaching white and
colored children together and. thus made
at least uniform official action.
IAN amendment to the original charter,
which does not destroy the power of the
college to furnish education to all per-
sons, but which simply separates them by
time or place of instruction, cannot be
said to defeat or substantially impair the
object of the grant
However, we need concern ourselves
only with the inquiry whether the first
section of the statute can be upheld as
coming within the power of state over
its own corporate creations We are of
opinion that it does come within that
power. and on this ground affirm the
Kentucky court"
Justices Harlan and Day dissented from
the opinion w. S.
IIEE MAID EKOIED