Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-11-14
THE UNITED STATES SUPREME
COURT AND THE NEGRO.

The Supreme Court Of the United
States has handed down another one
OF it's decisions showing it's antipathy
Co the colorej people of this country
and emphasizing the fact that none
OF us may expect 90 hope for justice
within it's confines. The fact that
this expression of o legal opinion
followed so closely after am election
shows that &c was swayed by poliu-
cal conditions and feared the effect
of its utterances upon the colored
vote in the doubtful states.
When &c is observed trat The courts
political complexion is Republican
uron an but questions affecting the
colored people Of this country. we
confess that Sc confirms the opinion
previously expressed in these coll
umns. that a Negro can get as much
and moro Justice before the supreme
tribunals En- the states than he can
in Washington.
To was the Supreme Court OF APP
peals OF Virginia that reversed the
Corporation Court OF Henrico coun-
IS ga the Fulton Park case. deciding
that q specification in a deed that
property should not be sold TO col
ored people was null and void. AS
result. colored people are in pos
session % the park in question. who
would have thought of going beyond
the Virginia tribunal TO test the mat
ter? Certainly not the colored folks
who have learned TO know that Vir-
ginians "to the manor born" can be
trusted upon questions involving con-
stitutional rights and vital princi-
pies. :
IL was the Supreme Court Of APP
peals OF Virginia that practically or
dorcd the release of Mcssrs. william
Conquest ana s L. Burton. the all
legged Accomac rioters.
But 90 the decision OF that truly
remarkable coterie Of jurists at Wash
lngton. Here IS what is said:
Washington. November I'm de-
Gliding the case OF Berea College a.
gainst the State OF Kentucky favora-
bly, 90 the State, the supreme Court
to-day held that q State % the Union
may constitutionally lcgislate 90 pre-
vent The coeducation OF the white
and black races. The case was In
stituted 20 test the validity of the
state law OF 1903. prohibiting white
and black children from attending
the same schools.
THE higher State Court took the
position that the white and black
races are naturally autagonistic. and
that the enforced separation OF the
children of the two is in the line Of
the preservation Of the peace. TIE
opinion OF the supreme Court was
handed down by Justice Brewer and
affirmed the finding of both the Ken
lucky Circuit Court and the Court OF
Appeals. justices Harlan and Day
dissented."
10 viii be seen even in this case
that the supreme Court of Appeals.
a Democratic body was equally fair
and outspoken in its conclusions as
was the Supreme Court of Appeals
OF the United States.
In our opinion both the courts Of
Kentucky and the one at Washington
are wrong, but what was the use of
going mp 10 the city, where Presi-
dent Roosevelt resides to find Il out?
We now Know in advance what to
expect in the case Of the colored SOL
der from New York, who is seeking
through legal channels TO be restored
10 the roster OF the army. although
he was removed therefrom by Pres
ident Roosevolts order.
The telegraphic report says fur
Their:
Justice Brewers opinion dealt
entirely with corporations as affect
ed by the Kentucky statute. aud did
not consider the question Of its APP
plicability to individuals. Proceed
ing upon the theory That a State has
complete control over corporations as
its own creations, he then construed
the law OF 1903 as IN effect an amend
ment TO the charter Of Berea College
and added:
IT is undoubtedly true that the
reserved power TO alter or amend is
subject 10 some limitations. and that
under the guise of a new contract
may not always be enforceable upon
the corporation or the stockholders;
but IL Is settled that a power reserv-
ed to the Legislature 10 alter. amend
or repeal a charter authorizes IL to
make an alteration or amendment
or charter granted. subject 10 II,
which will not defeat or substantial
ly impair the object OF the grant. or
any rights vested under IL, and which
the Legislature may deem necessary