Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
The Territory of Oklahoma[400] had the following peculiar arrangement
for separate schools till 1901: In each county an election was held
every three years at which all the qualified school electors could vote
for or against the maintenance of separate schools in that county. If a
majority voted against separation, then the white and colored children
might attend the same school; but if a majority voted for separation
separate schools had to be provided. In counties which separate schools
were voted in the schools for whites and blacks had to be equal in
length of terms and in facilities. Any failure to comply with the law
rendered the act for establishing separate schools void, and immediately
the schools were opened to both races. In 1901[401] separate schools
were required all over the Territory. In case the children of one race
in a district did not exceed ten, they were to be transferred to a
school for their race in another district instead of a separate school
being maintained for them, provided the distance was not over two miles
and a half. The white and colored schools were to be furnished with the
same kind of furniture and equipment. No white teacher should teach in a
colored school and _vice versa_. The Constitution[402] of the State of
Oklahoma, adopted September 17, 1907, provides: “Separate schools for
white and colored children, with like accommodation, shall be provided
by the legislature and impartially maintained. The term ‘colored
children,’ as used in this section, shall be construed to mean children
of African descent. The term ‘white children’ shall include all other
children.” An Oklahoma statute[403] of 1907 requires complete separation
of the races in schools, with impartial facilities for both races. By
“colored children,” it means those that have any “quantum of Negro
blood.” The teacher who knowingly and willingly permits a child of one
race to be taught in a school for another race is guilty of a
misdemeanor, and may be punished by a fine of between ten and a hundred
dollars and, in addition, may have his certificate cancelled and be
unable to secure another for a year. The separation applies to private
schools and colleges as well as public schools.
The South Carolina government was, like that of Louisiana, early under
Reconstruction. The Constitution[404] of 1868 provided that “all the
public schools, colleges and universities of this State, supported in
whole or in part by the public school fund, should be free and open to
all the children and youths of that State, without regard to race or
color.” In fact, the University of South Carolina was open to Negroes
directly after the War.[405] But the Constitution[406] of 1895 requires
separate schools, and adds that “no child of either race shall ever be
permitted to attend a school provided for children of the other race.”
The Negro public schools of the city of Charleston are taught by white
people, mostly Southern-born white people.
Public-domain text, read in full here on John Shaqi.
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