Los Angeles herald., 1908-11-10
SUPREME COURT
DECIDES SCHOOL
MAY BAR NEGRO
U. S. TRIBUNAL SAYS RACES
ARE ANTAG0NISTlC
STATES HAVE RIGHT TO DIS
cRIMlNATE IN SCHOOLS
Justice Brewer Hands Down Import
ant Decision to Which Harlan
and Day Dissent--segre-
cation Upheld
WASHINGTON, Nov. 9,-In deciding
w the case of Berea College VS.. the

HTASHINGTON, Nov. 9.-In deciding
w the case of Berea College VS.. the
w State of Kentucky favorably to
the state. the supreme court OF the
United states today held that the states
of the Union may constitut1onaHy legis-
late to prevent the coeducatton OF the
white and black races.
WASHINGTON, Nov. Sin decldlnS
the case of Berea College VS.. the state
of Kentucky favorably to the STATE,
the supreme court of the United states
today held that the states of the Union
NAV constitutionally legislate to pre-
vent the coeducation of the white and
black races.
The case was instituted to test the
validity of the state law of 1904 pro
hibiting white and black children from
attending the same schools.
The higher state court took the posi-
tion that the white and black races are
naturally antagonistic. and that the
forced separation of the children OF the
two is in the line of preservation OF
peace.
handed down by Justice Brewer, ana
affirmed the finding of both the Ken.
lucky circuit court and the court OF
Justices Harlan and Day dissented.
Justice Brewers OPlHOh
Justice Brewers opinion dealt entire
ly with corporations as affected by the
Kentucky state law and did not con-
slider the question of its applicability TO
individuals.
proceeding upon the theory that a
state had complete control over cor
porations as its own creation, he con-
strued the law of 1904 as in effect an
amendment to the charter of Berea col
lege.
Responding to some of Justice AZ
lan's structures, Justice Brewer said;
"There is no force in the suggestion
that the statute. although clearly sep
arabic. must stand or fall as an ell
tirety on the ground that the legisla-
ture would not have enacted one part
unless it could have enacted all.
THAT the legislature of Kentucky
desired to separate the teaching OF
white and colored children may be con-
ceded. but 1t by no means follows that
it would not have enforced the separa-
ton, so far as it could do so. even
though it could make 1t eftectiVe under
all the circumstances.
Should Face Question squarely
Contending that it would prove inn
practicable and unsatisfactory to sep
arate corporate from private schools,
Justice Harlan in his dissenting opln-
ion said the court should meet the en-
tire question squarely and decide
whether 1t were a crime, under any
conditions, to educate white children
and negro children at the same insti-
tuition He did not concede that 1t
should be so regarded.
Have We" he asked, become so in
oculated with prejudice of race that an
American government professedlY
based on the principles of freedom and
charged with the protection of all citi-
zens alike, can make distinctions be-
tween such citizens in the matter of
their voluntary association for inno-
cent purposes, simply because of their
respective races?
Further, if the lower court be right,
then a state may make it 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 a public or a political nature in
which all the citizens without regard to
race are equally interested"
Justice Harlan said he did not wait
to be understood as criticising the sys-
tenn of public schools for the races, but
that his censure was directed at the
penal provision of the Kentucky law
involved in this case.