Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1909-05-08

that in nearly every instance they did do So Of
respect for their white neighbours but they feel that in
this matter they have been deprived of their exclusive
rght-the right to be trustees of their own schools
But in district ambitious negro was the only per-
son to get his the ballot and nothing short of
threats of violence prevented his election while others
were persuaded to withdraw
The Act of 1893, last referred to- in positive terms
prohibited white persons from voting for coored trus
tees and coored persons from voting for white trus
tees, but this Act does not the same Act prohibited
white children from attending colored schools and
coored children from attending white schools but this
Act does not prohibit either, and repeats all Acts or
parts of Acts in conflict with it, Does it repeal the por
ton of the section prohibiting white children from at
tending coored schools and coored children from at
tending white schools? The only other Act now on the
statute book is what known as the Berea College Act
which does not apply to common schools and was not
intended for that purpose.
unconstitutional because it does not pro.
vide for separate County High Schools.
The Act provides that within two years after the
passage and approval of this Act there shall be estab
lshed by the County Board of Education of each
ty. one county high schools:
PROVIDED, there is not already existing in the
county high school of the first class etc. Then
the said high school may be considered as meeting the
purpose of this law without the establishment by the
board of high school.
1t is contended by some that this section does not
provide for separate high schools but that if high
school is provided it will meet the requirements of the
law and that both white and colored pupil children will
have right under this law, to attend it, Others con-
tend that this high school would meet the require
mens of the law but that but white children would
IL Al.-
would be unprovided for That being within the dis
erection of the board as to whether it should provide
than high school, it could not be required to
build more than one, by writ of mandamus. To
Illustrate there exists in Christian county a first
class high school for white children if the county board
makes satisfactory arrangements with that school for
the white children of the county who complete the
school course will it have to provide another if
there were no high school in the county could it be
quired provide two though there not ten
white children in the county ready for it, and not five
colored ones?
Discrimination on Account Of Race or Col
or in the Distribution of the State
School Fund.
This act is unconstitutional because it makes dis
elimination between white and coored children in sub
district in the distribution of the State school fund in
violation of section 1877 of the Constitution which reads
as follows
"In distributing the school fund no dis
tinction shall be made account of race or
color"
The latter portion of section 2 of this reads
follows
"The boundaries Of any such school
sub-distrct, above fixed, shall include all
children both white and colored, residing
in said sub-district and said subdistrict
shall not include, except in of emer-
gency fewer than fifty white children of
such children. No sub district shall be APP
portoned the per capita of the state fund
on fewer chan fifty white pupichdren,
nor shall any subdistrict be apportioned
the per capita on more than one hundred
white pup-chdren for the payment of one
teacher"
The sub-dstrict is the unit of territory for the dis
trbution of the school funds well the local
funds and this section cannot be read interpreted
so as not to make distinction in the distribution of the
school fund in violation of the above section of the
stituton In no event is school district to have fewer
than forty white pupi-chidren in it, although it may
have fewer than forty coored pupichidren in it, The
next garng distinction that it makes is that school
subdistric shall be apportoned it's per capita of the
state school fund on fewer than fifty white pupichi
dren even though it may have any number of coored
pupi-children in it. The next is that subdistrict
shall be apportioned the per capita than one
hundred white pupl.children for the payment of one
teacher while that is not forbidden as to coored chill
dren in the same district The act attempts the mpos
sbe in trying to make coored district in every white
district.
Eduoa tional Needs of County Estimate