The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1910-12-22

| "i'' vie PolACe power = !
gests itself, therefore, is 4 Z
some places it is held wronl - 4
arate the races and in othe "a
wrong tc allow them to ming = 8 =
answer is very simple. 1t is i q o
IN certain communities tn. m e
nance of public order and thA 8
eral welfare does not require or @
oer proper or reasonable the seH o.
tlon, while in other communities 2
proper regard for public order and
the general welfare does render such
separation necessary.
| | will not attempt to 20 into the
various reasons that have been as.
signed by the courts in upholdine
legislation requiring the separation
OF the races in schools, public con-
| Veyances and public places. All of
these reasons when fairly and hon
estly 'analyzed, are based upon the
assumption and belief that becaus
or lrrefutable facts, well-known con-
oltlons, Inherent personal character
istlcs and ineradicable traits of
character peculiar to the races close
association on afooting of absolute
equality is utterly impossible be-
tween them wherever Negroes exist
IN large numbers in a white COM
munity, and invariably leads to irri-
tatlon, friction, disorder and strife
SAFETY OF A COMMUNITY
The separation of the races en-
forced by law in public schools. on
railroad trains, in the street cars
and In public places is founded on
and supported solely by the consid-
eratlons which / have Just men
| toned.
why should the state put itself TO
the extra expense of providing Sep
arate schools for the colored race?
Why should common carriers be mt
10 the extra expense Of providing
separate accommodations for the
colored race. Why should marriage
between the races be prohibited
unless 1T be that because in the COM
munltles where such legislation pre-
walls the people actually know and
correctly believe that the real well
rare and the absolute protection and
safety OF the community depend
upon the enforcement Of such legis-
lation?
me ordinance which is now be-
fore you undoubtedly goes further
than any adjudicated case that /
nave been, able to find, but at the
same thine Ii have been unable to
discover any 2ase where such legis-
lation has beeh declared illegal
IN the Rerea College case a sta
tute -1of- Kentucky prohibiting the
education of white and colored chill
dren at the same school. whether
private or public, was upheld by the
highest court Of that state, and all
though this case went to the Su-
preme Court Of the United States
and the Supreme Court had everv
opportunity, if it so desired, to strike
down the legislation and declare #
TO be in violation Of the Fourteenth
Amendment of the Constitution Of
the United States, it refused to do so
The court affirmed the decision Of
the Supreme Court of Kentucky on
the ground that the state had a right
to amend the charter of the college
Notwithstanding the fact that JUS
tlce Harlan, in dissenting opinion,
TOOK his colleagues to task for not
meeting the issue squarely and de-
termining once and for all whether
Legislation Of the character In aues-
ton was permissible under the
Fourteenth Amendment.
The INEVITABLE result of the de-
clsion Of the Supreme Court of Ken
lucky in the Berea College case, up-
holding, as it did, the validity of a
statute prohibiting private indi-
Vldual as we'll as corporation from
receiving in his school colored pu-
pills in conjunction with white Du-
pills is tho establishment Of the pro-
position that state has the right
under its police power to require the
separation on the two races wherever
The failure to 50 separate them in
|juriously affects the good order and
welfare Of the community.
Tie conclusive test, therefor, Of
the validity Of legislation looking to
the separation of the races is to oe
found in the answer to the uues-
lions:
First--Do conditions actually ex-
ist seriously threatening the good
order and the welfare Of the COM
munity and requiring the passage Of
some remedial legislation?
Second-Does the legislation ac-
tually passed in response to such de-
mand bear any reasonable relation
to the exigency leading to it's pas
sage?
The ordinance before you fully
meets this test and is, in my opinion,
therefore valid.