Laws of Tenn., 1865–66, pp. 5 and 65. Footnote 328: _Ibid._, 1881, p. 139. Footnote 329: Laws of Ky., 1876, I, p. 112. Footnote 330: Laws of N. Y., 1866, II, p. 1675; 1867, II, p. 1850; 1868, II, pp. 1845–49; 1869, II, pp. 2064–66; 1870, II, pp. 1689–90, etc. Footnote 331: Laws of N. C., 1874–75, pp. 338–39. Footnote 332: Laws of Ga., 1885, p. 399. Footnote 333: Code, 1901, II, sec. 4598. Footnote 334: Code, 1906, sec. 2699, p. 1104; Laws of W. Va., 1897, p. 42; 1904, p. 160. CHAPTER VIII SEPARATION OF RACES IN SCHOOLS BEREA COLLEGE AFFAIR Three incidents, occurring during the past six years under widely varying circumstances and in far separated localities, have brought the question of the separation of the white and colored races in schools into much prominence. On the 22d of March, 1904, the legislature of Kentucky[335] enacted the following statute: “Sec. 1. That it shall be unlawful for any person, corporation or association of persons to maintain or operate any college, school or institution where persons of the white and Negro races are both received as pupils for instruction; and any person or corporation who shall operate or maintain any such college, school or institution shall be fined one thousand dollars, and any person or corporation who may be convicted of violating the provisions of this act shall be fined one hundred dollars for each day they may operate said school, college or institution after such conviction. “Sec. 2. That any instructor who shall teach in any school, college or institution where members of said two races are received as pupils for instruction shall be guilty of operating and maintaining same and fined as provided in the first section hereof. “Sec. 3. It shall be unlawful for any white person to attend any school or institution where Negroes are received as pupils or receive instruction, and it shall be unlawful for any Negro or colored person to attend any school or institution where white persons are received as pupils, or receive instruction. Any persons so offending shall be fined fifty dollars for each day he attends such institution or school: Provided, That the provisions of this law shall not apply to any penal institution or house of reform. “Sec. 4. Nothing in this act shall be construed to prevent any private school, college or institution of learning from maintaining a separate and distinct branch thereof, in a different locality, not less than twenty-five miles distant, for the education exclusively of one race or color. “Sec. 5. This act shall not take effect, or be in operation before the fifteenth day of July, Nineteen Hundred and Four.”