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

and the judicial construction placed upon the same
words by this court at all times prior to the adoption
the present Constitution. And it is we'll settled princi
pie of law that Where clause or provision in a consti-
tuition, which has received well settled judicial con-
struction is adopted in the same words by the trainers
Of another constitution it will be presumed that the
construction thereof was likewise adopted" And the
same principle applies where it can naturally be ap-
Piled to the of single phrase thus trans
crbed from constitution to another Back on Inter-
probation of Laws page 32 and cases cted The same
principle has been laid down in by this
court Under the present Constitution the General
Assembly to provide for an efficient system of
common schools" throughout the state and it was
to provide separate schools for white and coored chill
dren just they had existed prior the present Con-
.ssituton. And the words common schools adopted
in the present Constitution carried with them the
meaning that they had in the constitution of 1850 and
in the Revised Statutes common school" for white
children has the meaning under the present
stituton that it had under the former and which by
express words or by necessary implication meant "a
school taught in district laid out by authority of
the school laws under the control of WHITE trustees
elected under those laws, by teacher qualified
child of school age residing in the district" The law
to establish uniform system of schools for
the colored children of this commonwealth had given to
that term a definite meaning for colored common
schools, and is identical with the other, if the word
colored" be substituted in place of the word white"
in the above definition.
The foregoing was the practical construction placed
upon the sections of the present constitution last
ferred to by the General Assembly which enacted the
first school law hereunder Chapter 49, KY Statutes
approved July g. 1898. Section ABA of the KY Stat
tutes provides for the election of three trustees for
each white school district and Section 1924 of the
provides for the election of three coored trustees for
each coored school district and further provides that
coored person shall be allowed to vote for trustee
of a white school and that no white person shall be
allowed to vote for trustee of colored school, This
Act does not expressly state that colored person
Shall be trustee of white school, but it is necessary
Implication, from the language forbdding any colored
person from voting for trustee of white school, and
vice versa This Act further provides that shall be
lawful under any of the provisions of this chapter for
any white child to attend any common school provided
for coored children for any coored child to attend
any common school provided for white children Other
sections provide for colored officers and teachers.
But it is contended by the friends of this measure
that it has been possible to elect colored trustees for
white schools in several of the cities of the state for
many years, but that it has never occurred.
These are not what is meant by common schools"
within the meaning of the Act in question, and besides
the validity of such acts has never been tested.
All of these provisions to the election of trustees
for white and coored schools separately, fundamental
as they thought be- have been repealed by this
Act White persons vote to elect trustees for coored
schools and coOred persons vote to elect trustees for
white schools and person of either must be
trustee of both schools Under this act any white per-
son over q years of age male female. may be the
trustee of both schools A white school con-
sists of white trustees white teacher teachers and
white pupils and a coored common school consists of
colored trustees coored teacher teachers, and col
ored pupils and to fail to maintain any of these es
senta features is to violate this fundamental principle
of our separate schools coored trustee for white
school, supervising it. providing for its wants, contro
Vg its teachers settling it's differences differs from
6oored teacher teaching white school, in degree only
and not in principle and the true of white trus-
tees or white teachers for coOred schools 1t step
in the wrong direction, and real progress can be
hoped for until that step has been reraced 1t IS the
avowed intention of those who advocate the law to take
.Aoekt do ~ On OF