Evening star., 1953-07-26
Georgia Data Show
Republicans Sci Up
Segregated Schools
BY the Associated Press

mentary evidence that Georgia'S
segregated school system was
created shortly after the Civil
War by a Republican State ad-
ministration has been prepared
by Attorney General Eugene
Cook.
This same administration which
ruled the State in the troubled
postwar reconstruction days,
earlier had ratified the 14th
amendment to the United States
constitution on direct orders
from Congress.
And in Mr.. Cooks opinion. 1t
certainly did not understand or
anticipate that the amendment
might abolish segregation.
The historical evidence relating
to segregation in Georgia schools
was prepared by Mr.. Cook and
his staff at the request Of Vir-
ginia and South Carolina OIL
cials who are involved in cases
attacking segregation which are
now before the United States
Supreme Court.
Georgia is not directly in
volved, but Mr.. Cook Is request
ing permission to file a friend
Of the court" brief Incorporating
the results Of his research.
Data Sought by Court.
The information is contained
in answers to questions which
the court asked when it set the
segregation cases down for addi-
tional argument in october. The
questions relate principally to
the relationship between racial
segregation and the 14th amend
ment.
The 14th amendment states in
part that mo State shall make or
enforce any law which shall
abridge the privileges or immuni-
ties of citizens of the United
States, nor shall any State de-
prive any person of life, liberty
or property without due process
of law, nor deny to any person
within its jurisdiction the equal
protection of laws" 1t was de-
clared adopted July %, 1868.
Georgia's first free public
school system, which provided
for segregation of the white and
Negro races, was created by an
act of the 1870 legislature.
RatificatiOnS Rejected.
Citing various histories, news
paper files and public records.
Mr.. Cook and his staff compiled
this picture of events:
The Georgia Legislature, meet
ing in November. 1866, rejected
ratification of the 14th amend
ment, and the State then was
placed under military rule by the
Reconstruction Acts of Congress.
The Constitutional Convention
which met in 1867 and 1868 to
adopt the required Constitution,
including suffrage for freedmen
and ratification of the 14th
amendment, was elected largely
by Negro votes and included 81
Negro delegates.
This convention called for a
system of common schools for
children of both races and for
separate departments in all pub
lie institutions for Negroes pro-
vided that no partiality was
shown.
With Rufus B. Bullock. Re-
publican, as Governor, the legis-
lature elected under the new
constitution met in July, 1868
and ratified the 14th amend
ment. But later it expelled all
its Negro members and Gov.
Bullock informed Congress that
Georgia had not complied with
the Reconstruction laws.
Congress then passed an act
requiring Gov. Bullock to con-
vene the legislature with all its
expelled members and ratify the
amendment.
This legislature met in Janu-
ary. 1870 with 81 Republicans
and II Democrats in the Senate
and 81 Republicans and 83 Dem
ocrats In the House, and ratified
both the 14th and 18th amend
ments.
In his address of February 2,
1870, Gov. Bullock called for es-
tablishment of free public schools
and in October. the legislature
passed an act establishing the
first free public school system
and providing separate schools
for white and Negro students.
When Democrats gained con-
troll of the Legislature in 1871.
Gov. Bullock resigned and fed
the State and Benjamin F. Con-
ley. Republican President of the
Senate, succeeded him.
Cites Republican Control.
In his address of November 4,
1870. Gov. Conley said: II can
but commend the wisdom and
forethought of the late General
Assembly in laying down as one
fundamental provision Of the
(schooD system in this State.
that the different races shall be
separate in the schools. While
there should be equal justice
done in the distribution of public
funds for the education of the
children of both races, our
schools should be separate and
our colleges should be separate"
From those citations, Mr.. Cook
declared: Georgia did not con-
template nor understand that the
14th Amendment would abolish
segregation in public schools"
He added that the State was
under political control Of the
Republican Party. composed of
people hostile to those who had
befriended the Confederacy, and
included the freedmen or Ne
groeS.
How could this group have
contemplated or understood that
the 14th Amendment would abol-
ish segregation" he asked. when