Tennessee, by its laws[407] of 1866, by its Constitution[408] of 1870, and by its laws[409] of 1873 requires separate public schools for the white and colored children. A statute[410] of 1901 prohibits the co-education of the white and colored races in private schools. The Texas Constitution[411] of 1876 provided for separate schools and impartial accommodations for both races. A school-house constructed in part by voluntary subscription by colored parents and guardians and for a colored school community shall not be used without their consent for the education of white children, and _vice versa_.[412] The separate school requirement was repeated in the laws of 1884,[413] 1893,[414] and 1895.[415] The Texas provision is that a school which receives both white and colored pupils shall not receive any of the public school fund, which amounts to saying that it is not unlawful to educate white and colored children together in private schools. The Constitution of Virginia of 1870 did not declare that the races must be separated in schools. But statutes of 1882[416] and 1896[417] provide that white and colored persons shall not be taught in the same school but in separate schools, under the same general regulations as to management, usefulness, and efficiency. The Virginia Constitution[418] of 1902 has the terse statement that white and colored children shall not be taught in the same school. (_b_) _In States Outside of South_ Besides the Southern States, which have just been considered, there are other States which require or permit a separation of the races in schools. The separation of the white and Japanese children in the public schools of San Francisco has already been discussed. That was only a part of the legislation of California. A statute[419] enacted during the session of 1869–70 read: “The education of children of African descent and Indian children shall be provided for in separate schools. Upon the written application of the parents or guardians of at least ten such children to the board of trustees or board of education, a separate school shall be established for the education of such children; and the education of a less number may be provided for by the trustees in separate schools in any other manner.” In 1874 a Negro child was refused admission to a white school in that State. In a test case which arose the constitutionality of the statute was supported, the court[420] being of opinion that the statute did not violate the Fourteenth Amendment if appropriate schools for colored children were maintained. But, it added, unless such separate schools are actually maintained, colored children must be admitted to the regular public schools along with the white children. This latter ruling became part of a statute of 1880. Prior to 1880 the law had been that “every school, unless otherwise provided by law, must be open for the admission of all white children....” This was