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 legislation of Kentucky with regard to the raising and apportionment
of its public school fund has been unique. In 1866,[500] all capitation
taxes paid by Negroes and, in addition, a tax of two dollars _per
capita_ upon Negroes went toward the support of their paupers and the
education of their children. In 1869,[501] a vote was taken upon the
propriety of levying a tax of fifteen cents on the hundred dollars upon
the property of white persons for the support of white schools
exclusively. In 1873,[502] a property tax of twenty cents on the hundred
dollars and a poll tax of one dollar were levied upon Negroes of
McCracken County for the maintenance of their schools. The same method
of taxation was adopted for Bowling Green[503] and Catlettsburg[504] and
Garrard County.[505] As to the last-mentioned place, there was a
provision that in the county white and colored school-houses must be not
less than a half mile apart, and in towns not less than eight hundred
feet. In Bracken County[506] a special tax of twenty-five cents on the
hundred dollars was levied upon the property of whites for their
schools, not applying to Negroes at all. The constitutionality[507] of
this law was upheld by the Supreme Court of Kentucky on the ground that
whatever benefits the Negro is entitled to under the school system he
receives as a citizen of Kentucky, not as a citizen of the United
States.
In 1874, the same State[508] provided for a uniform system of schools
for Negroes. The sources of the revenue for the schools were (1) a tax
of twenty cents on the hundred dollars upon the property of Negroes, (2)
their poll taxes, (3) their dog taxes, (4) taxes on deeds, suits and
licenses collected from colored persons, (5) fines, penalties, and
forfeitures collected from them, (6) sums received from Congress,
provided the apportionment to each colored child did not exceed that to
each white child, and (7) gifts, donations, and grants. Colored
school-houses must not be erected within one mile of a white
school-house in the country and six hundred feet in towns. In 1880,
Owensboro[509] was authorized to levy a tax of thirty cents on the
hundred dollars and two dollars on the poll upon Negroes for colored
schools, provided the Negroes voted to tax themselves for this purpose.
This law was held[510] unconstitutional by the Federal district court in
1883, the court saying: “If taxes can be distributed according to color
or race classification, no good reason why a division might not be made
according to the amount paid by each taxpayer, and thus limit the
benefits and distribute the protection of the laws by a classification
based upon the wealth of the taxpayer. Such distribution would entirely
ignore the spirit of our republican institutions and would not be the
equal protection of the laws as understood by the people of the State at
the time of the adoption of this (the Fourteenth) amendment.” The laws
of Kentucky of 1874 were held[511] unconstitutional in 1885. In 1886,
Public-domain text, read in full here on John Shaqi.
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