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 separation of the races in public schools is required by the
Constitutions of Alabama, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas,
Virginia, and West Virginia. Complete separation is required by statute
in all of the above-named States and, besides those, also in Arkansas,
Maryland, and Delaware. A discretionary power is given to the school
boards to establish separate schools in Arizona; in Indiana; in
California, as to schools for Indians, Chinese, and Mongolians; in
Kansas, in cities of over 150,000 inhabitants; and in Wyoming, in
districts having fifteen or more colored pupils. The following States
that once had separate schools now prohibit them: Illinois,
Massachusetts, Nevada, New Jersey, New York, Ohio, and Pennsylvania. In
addition to these, separate schools are not allowed in Colorado, Idaho,
Iowa, Michigan, Minnesota, New Mexico, and Rhode Island. There are other
States which have never seen fit to make any mention one way or the
other of race distinctions in schools, either in statutes or court
reports; so one is warranted in inferring that the schools are open to
all. They are Connecticut, Maine, Montana, New Hampshire, North Dakota,
Oregon, South Dakota, Utah, Vermont, Wisconsin, and Washington.
As has already been said, public education is distinctly a State
function. The Federal government, in the main, has not undertaken to
have anything to do with it, but Congress, by its exclusive
jurisdiction, has supreme control over the public schools of the
District of Columbia, and the provisions that it has made there for the
separation of the races show in an interesting way the attitude of the
national government upon the subject. A statute[484] of 1864 reads:
“That any white resident of said county shall be privileged to place his
or her child or ward at any one of the schools provided for the
education of white children in said county he or she may think proper to
select, with the consent of the trustees of both districts; and any
colored resident shall have the same rights with respect to colored
schools.
“That it shall be the duty of said commissioners to provide suitable and
convenient houses or rooms for holding schools for colored children....”
The commissioner might impose a tax of fifty cents _per capita_ upon the
patrons of the school to aid in its support, but no child should be
excluded because its parents or guardians could not pay the tax. The
school fund was to be divided in proportion to the number of school
children, regardless of race.
Public-domain text, read in full here on John Shaqi.
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