Arizona republican., 1909-03-18
IN THE UPPER HOUSE.
The Governors Reasons, Le-
gal and Others Why Leg
islation Proposed In Mr..
Bailey's House Bill No. lO1
Should Not Be Enacted.

II will be possible for school trus-
tees in this territory for the next two
years to separate negro children from
white children in the schools. provid-
ed there are as many as eight of the
former in any one school. This bill
was passed over the veto of the gov
ernor in both houses yesterday.
In the assembly there were four
votes in favor of sustaining the gov
ernor's veto two of the republican
members not being present when the
vote was taken, and one, Mr. Shaw,
voting with the democrats.
In the council the advocates Of this
legislation had just enough votes to
override the veto. Messrs. O'Neill and
St Charles voting with the repub-
licans. Mr.. O'Neilrs vote was pref
aced with a strong protest against the
measure, which he denounced as un-
Just and contrary to public policy.
In his message Of disapproval the
governor said:
Il herewith return without my ap-
proval house bill No. 101, passed by
the legislature. proposing to amend the
eleventh subdivision of paragraph
2,IT9 of the Revised Statutes.
The import of the proposed amend
ment is to clothe the boards of trus-
tees of the various school districts with
power when they may deem it advisa-
BILE to 'segregate pupils of the African
from pupils OF the white races and
to that end to provide all accommoda-
tions made necessary by such segre-
CATION, provided that the power to seq
regate pupils of the African from
pupils of the white RACES snail only
be exercised when the number of pu-
pills of the African race shall exceed
eight in any school district.
1T would not probably be within the
province of a court in determ ming the
question Of the validity of this pro-
vision to concern itself with the ques-
ton whether the accommodations
made necessary by such a segregation
in any given district can in fact be
made, or, if il is possible to make
them, what cost and inconvenience it
might entail.
They do, however concern the leg
islative and the executive branches Of
the government.
1T would be unfair that pupils Of
the African race should be given ac-
commodations and facilities for a
common school education, less effec-
tive, less complete. less convenient or
less pleasant, so far as the accessories
Of the school and its operation are
concerned, than those accorded pupils
Of the white race in the same school
district; and the bill in terms con-
templates nothing less.
THE growth of the public school
system of the United States has been
more marked by the gradation of the
schools to adapt them to the stage of
the advancement of the pupils in the
acquisition of school education. than
by any other single factor.
1T does not require argument to
prove that graded schools. in each
grade of which are collected pupils of
like advancement. under the guidance
and direction Of a teacher or teachers
chosen for their peculiar aptitude by
practice, experience. or otherwise. to
teach that class, are better than those
in which pupils of all ages and stages
Of advancement are collected indis-
criminately under the direction of a
single teacher. To argue otherwise is
to argue that our school system has
retrograded rather than progressed.
No one, think, will contend that the
single school room of the small.
sparsely settled district. in which are
huddled unfortunately the younger
/. Old Il, Ill -
advancement under one teacher, is as
well adapted to the education Of chill
dren as the graded schools Of the
larger and more populous districts. II
cannot be contended that the former
offered as complete accommodations.
facilities and opportunities as do the
latter
Every intelligent parent will. if con-
venient opportunity offers itself. send
his children to the graded school
rather than to the other; and the more
completely the gradation may be made
the greater is deemed its advantage.
1T is true that a parent residing in
the small. sparsely populated district
must ordinarily send his children to an
ungraded school: but he does so from
necessity and not from choice He
would avail himself of the other If he
could. But this necessity arises from
natural conditions of location and
population which make the graded
school impossible. This law. however,
ignores those conditions and compels
the parents of children of the African
race to send their children TO the in
ferior school, where the parents of
children Of the white race may and do