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
In 1869, persons of color were not admitted to the subdistrict schools
of Pittsburg, Pennsylvania,[463] but this law was repealed in 1872.[464]
An earlier statute of 1854 had provided for separate schools for Negroes
where there were more than twenty in the district. The school directors
of Wilkesbarre had united two districts, each having less than twenty
colored children, and put up a school building for Negroes; but the
court[465] held that this was in violation of the law of 1854. This law
was repealed in 1881,[466] and it was thereafter unlawful to make any
distinction whatever on account of race or color. The next year, it was
held[467] that the school directors could not keep open schools for
Negroes exclusively.
A West Virginia law[468] of 1865 required the boards of education to
establish separate schools for Negroes where there were more than thirty
children of that race in the district. But if the average daily
attendance was less than fifteen for a month, the school should be
discontinued for any period not exceeding six months. If there were less
than thirty children in the district or the attendance was less than
fifteen, the money should be reserved and used for colored education as
the board thought best. A statute[469] of 1871 and the Constitution[470]
of 1872 provided that white and colored persons should not be taught
together. A separate school for Negroes must be established when the
number in the district exceeds twenty-five. If less, the trustees of two
or more districts may establish a joint school. The Supreme Court[471]
of that State has held that the constitutional provision requiring
separate schools does not violate the Fourteenth Amendment, but that the
terms of the schools of both races must be of the same length. Thus,
West Virginia is as strict as Virginia or any Southern State in
separating the races in schools.
Wyoming has the following statute[472]: “When there are fifteen or more
colored children within any school district, the board of directors
thereof, with the approval of the county superintendent of schools, may
provide a separate school for the instruction of such colored children.”
The statutes[473] of Arizona, until 1909, declared that no child should
be refused admission to any public school on account of race or color.
Last year, however, the school law of that Territory was amended[474] so
as to give the board of trustees of school districts power, when they
deem it advisable, to segregate pupils of the African from pupils of the
white race and to provide all accommodations made necessary by such
segregation, but the power to segregate shall be exercised only where
the number of pupils of the African race shall exceed eight in any
school district. This amendment was passed over the Governor’s veto by a
two-thirds’ vote of the legislature.
Public-domain text, read in full here on John Shaqi.
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