The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1908-11-12
!R|lIl)e'''s'l Z !. ]. !. \.
-. ..s.r y. . p, I - 3 - ~ l " I}t$s;s
MAY WAY BE sEH 5 & Il C6RPo-
supreme g- holds ! + tncH " ~
statut> 8 csedac III.
herea, but tce Harlan sss Y
With Day ON Courts 4 Unjust liss Al
cision. .|#, &. s.E%<s y 45sssS 8 OH

me case OF Berea College VS.! T4ias
otate or kentucky favorabIy to the
state, the United States Snnran1s
| court today held that the Statesa AZ.
ene Union may legislate constitutioh-S
ally to prevent the co-educatfon ~
the white and black races ~ i gs F]S.''a
! -:lhe case was instituted Il, -.rs. t4,s,ss
Vauolty or the State law of 1901 pro-
n1nlung white and black ." children
from attending the same schooI. Thas
higher State courts took the 1i6sittnnS
that white and black races are .natur.@
any antagon1stic, and that the an.... aTn..2
forced separation of the children ~
tne TWO 1s In the line Of the presarvaas3
tIou OF the, peace. The opinion al
the supreme Court was handed down
oy Justice Brewer, and affirmed thf,
nho1ns or both the Kentucky CircnifI D
Court and the Court OF Appeals! Inaasi
tlces aHrlan and Day dissented.. 4$ 4.
Justice Brewers opinion dealt en- en-
Irely with corporations an affeeta.1SS n
ny tne Kentucky statute. and did n,lSff MI {
CONSIDER the question of its applfcA-
elon 10 individuals. Proceeding ln.. 4
on the theory taht State hRs COM M MI d
plete control over corporations as IN
own creations, he then construed thte,
law or 1904 as in effect an amend 81
ment to the charter Of Berea CoIIasas,s a
and added: ..E.. z yf q 9SS>,S
Subject to Limitations. !. II 6 ssSs
1T is undoubtedly true that the
reserved power to alter or afnandsia Il
subject to some limitations, and that N.
under the gu1se Of an amendment Is q
new contract may not always hss. an .
forced under the corporati0n orSS sac
stockholders; but 1t Is settled thai h
power reserved to the Legislat ttEsSffsa I
alter, amend or repeal q chatter AN
ftges it to' make any fEs1s sgb sssfI
or addition to- q charter granted ass
ject to 1t, which win not defeat .tStss
substantially impair the object 0S
the grant or any rights vested u Il lisss1fs s1s 8 s
It, and which the Legislature ifft
deem necessary to secure either that
object or any public right. ~ S.EsSttaa33
1--WE need concern ourselves only
with the inquiry whether the dirst4
section OF the Kentucky law can be y
upheld as coming within the power "
Of State over it's own corporations
We are Of opinion that it does coma Is
within that power" #.Sj ssSsSs u
Responding to some Of Juatfea
Harlan's structures, Justice Brewer 81
said: #.,. S14El&l l455
There Is no force in the; suggss
ton that the statute, although clear !
ly separable, must stand, or fall as an #
entirety on the ground that the Leg
1slature Of Kentucky desired to sep, IS
ate the teaching of white and colored &
children may be conceded, but 1t by
no means follows that it would not II
have enforced the separation SO fartI
as 1T could do so, even though fS&I
could not make it effective under ali &!
circumstances .,r / ~ : &;EsEs b
Uniform Action Wanted. 81 MA
I'm other words, it Is not at all un-
reasonable to believe that the Legis4
latpre, although advised beforehand
of the constitutional question, might
have prohibited all organizations and
corporations under it's control from
teaching white and colored children
together, and7thu made at least uni-
form official action" T., h% III
Contending that it would prove i'm h
practicable and unsatisfactory to b
separate corporate from private 4
schools, Justice Harlan, In his dis 4
senting opinion, said the court
should meet the entire question: and Il
decide whether 1t is a crime under
any conditions to educate white chill
dren and Negro children at the same :
institution. He did not concede that
tt should be SO regarded. ~
Have we," he asked, become so !
iuoculated with prejudice Of race
that an American government, pro-
fessedly based on the principles OF
freedom and charged with the pro-
lection Of all citizens alike, can make
distinctions between such citizens In
the matter Of their voluntary associa-
tion for innocent purposes sim ply be-
cause Of their respective races? T..
Other Questions Involved. "
Further, II the lower court be
right, then q state may make it O. .
crime for white and colored persons
to frequent the same market places
at The same time or appear In an as
semblage of citizens convened to con-
slider questions Of public or poljti~
| cal nature in which all citizens, With
| out regard to race, are equally inteRa%
ested. Many other Illustrations might I
| be given to show the Dlischiovorfs,
not to say cruel, character OF the
/ statute in question and how incon-
sistent such legislation Is, with the
great principle Of the equality of cit~,,
4 u /. !. = Fss