Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-01-08

ferior school facilities was material.
The following decision rendered by him
yesterday incorporated such intima-
tions as he had made:
The Legislature has PASSED an act
providing for the segregation OF white
and colored children in the public
schools. (Act 81. laws of 1909
The question of the right and power
of the Legislature to provide for separ-
ate accommodations and schools for
white and cOlOred children, where equal
facilities for each are afforded. is now
no longer open for determination, in
view Of the authoritative decisions up
holding such right and power. In the
case before me it is conceded by coun-
sci for the eolored children that the
Legislature has such power and may
provide for such segregation. II being
admitted that such segregation is law
ful. the only questions before me for
determination are. first, whether the
Legislative act must in terms provide
as a condition of such segregation that
equal educational facilities be provided.
and second. if not, whether in the case
before me equal educational facilities
have been provided.
AS To the first point. do not think
the absence of the provision referred to
i'm the act OF our Legislature renders
the act unconstitutional or void, but
in view Of the decisions upon the ques-
ton. the act as il stands is valid
exercise of legislative power.
In carrying out the provisions of
-. 81
however. equal educational facilities
must be afforded the colored children,
or such attempted segregation viii not
be upheld. The plaintiff in this case
claims that the segregation IF all the
colored children in the city in the one
school known as the colored school,
does not afford to them equal educa-
tional facilities with the white chill
dren. The defendants claim that equal
educational facilities are thus afforded
to them This is n question of fact to
be determined. The school building
where the colored children now attend
school is the newest, best constructed
and most sanitary of any of the school
buildings in town. Its equipment is
equal. if not superior, to any of the
colored children being relatively small
under the present plan. each child re-
ceives more Individual attention from
the teachers than in the larger classes
in the white schools. The course of
study, manual training. and the Curl
culum generally is the same for the
colored children as the white children.
In this respect the colored children are
as well, if not better. off than the white
children.
IN the placing of all the children in
the eight grades in unequal stages OF
mental and physical development in
two rooms with but two teachers for !
the eight grades. the colored children |
are in some respects at disadvant- !
age that the white children do not Ia
Dor under, but in my opinion the adj
vantages nearly, if not quite, equal the i
So far, therefore, as
the course of study and training of
the colored children is concerned. find
that, as a matter of fact, there is no
UNEQUAL discrimination in the present
With respect. however. to
the location of the colored school build
ing. the distance to be travelled by the
the danger incurred by many
children by reason of the fact that
they are obliged to cross dangerous
tracks to reach the school. there
is in my opinion an unjust discrimina-
ton against some of the colored chill
lren. The evidence shows that in the
four higher grades in the grammar
schools the white children attend one
school known as the Center Street.
school. In the four higher grades the
solored children attend one school
spoken of as the colored
school. Both of these schools are To-
eated north of the railroad tracks. If
he cOlOred children in the four high
n grades were not segregated, they