The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1908-11-11
SEGREGATION OF
RACES NECESSARY
so DECIDES SUPREME COURT IN
CASE REGARDING coEDucA-
TloN OF SCHOOL CHILDREN.


ted States today held that state of
the, Union may constitutionally legis-
late to prevent the coeducation 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 same
schools. The higher state court took
tho position that the white and black
races are naturally antagonistic and
tl.at the forced separation of the chill
cren of the two races is in the line of
preservation of the peace. The opin-
down by Justice Brewer and affirmed
the finding of both the Kentucky cir
cult court and the court of appeals.
Justice Brewers opinion dealt entire
ly with corporations as affected by the
1entucKy statute and did not consider
the question of its applicability to indi-
v,duals. Proceeding upon the theory
that a state has complete control over
corporations and its own creations, he
tEen coistrues the law of 1904 as in
effect an amendment to the charter of
BeIea college ana added:
1T is undoubtedly true that the re
served power 20 aHer or amend is sub
ject to some limitations. and that un-
der the guise Of an amendment a new
contract may not always be enforce
able upon the corporation or the
stockholders. but it is settled that a
9uwer reserved to the legislature to
2lter, smand C. repeal a charter au-
hor1zes II 70 MAKE an alteration or
amendment OF a charter granted sub
iect tc 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
or any public right. We need con-
cern ourselves only with the inquiry
whether the first section of the Ken
tucky law can be upheld as coming
within the power Of a state over it's
own corporate creatures. We are of
opinion that it does come within that
rover"
Reply to Justice Harlan.
Responding 10 some of Justice Har-
lan's structures, Justice Brewer said
as follows:
There is no force in the suggestion
that the statute, although clearly sep
arabic, must stand or fall as an en-
tirety on the ground that the legisla-
ture would not have enacted one part
unless it could reach all. That the
legislature of Kentucky desired TO sep
&rate the teaching Of white and colored
children may be conceded but it by
no means follows that it would not
have enforced the separation so far as
1t could do so, even though it could
not make 1t effective under all circum-
stances. In other words, it is not at
all unreasonable to believe that the
legislature although advised before
hand OF the constitutional question,
might have prohibited all organiza-
tions and corporations under its con-
trQl from teaching white and colnred
children together and this made at
least uniform ofiicia, action"
Justice HarIan's Opinion.
Contending that it would prove i'm
practicable and unsatisfactory to sep
arate corporate from private schools.
Justice Harlan, in his dissenting oDin-
Ion, said the court should meet the
entire question squarely and decide
whether it is . crime under any con-
ditions to educate white children and
negro children at the same institu-
lions. He did not concede that it
should be so regarded.
Have We. - Justice Harlan added
become so inoculated with preIudice
OF race that an American government
Drofessedly based on the principles of
freedom and charged with the protec-
ton of all citizens alike. can make
distinctions between such citizens in
the matter of their voluntary associ-
alton for innocent purposes sinIv be-
cause of their respective racesq Fur
ther, if the lower court be right. then
a state may make ii a crime for white
and colored persons to frequent the
same market places at the same time
or appear in an assemblage OF citizens
convened TO consider questions Of =
public or political nature in which all
citizens without regard to race are
equally interested. Many other Illus
trations might be given to show the
mischieyous,not to say cruel, charac-
ter Of the statute in question and low
Inconsistent such legislation Is with
the great principle Of the equality Of
citizens before the law"
Justice Harlan added that he did not
want to be understood as criticising
the system Of separate public schools
for the races, but that his censure
was directed at the penal provision Of
the Kentucky law involved in this
case. He considered it unconstitu-
tiona1