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
Elkton[512] was authorized to levy a tax of two dollars on the poll and
ninety-five cents on the hundred dollars upon Negroes if they voted thus
to tax themselves. Apparently the last act of legislation[513] with
regard to the school fund in Kentucky was in 1904, when provision was
made for a system of graded schools in cities of the fourth class, but
the property or polls of one race were not to be taxed for the support
of the schools of the other. A recent Kentucky case has held[514] that,
after the regular public school fund of the State has been apportioned
among the districts in proportion to the number of children regardless
of race, then it is not improper for a district to supplement that fund
by a tax on the property of white persons for the further support of
white schools and upon the property of Negroes for their schools. Thus,
it appears that Kentucky is honeycombed with the special tax districts
wherein each race supports its own schools. Whether this arrangement is
constitutional or not is still in doubt, as no square decision on the
point has yet been rendered by the Supreme Court of the United States.
For some years North Carolina has been exercising the principle of
local, special taxation to supplement the general public school fund. In
several instances, about 1886, the communities levied the tax only upon
the whites for the benefit of white schools, but this was held[515]
unconstitutional by the State Supreme Court, and the attempt to thus
distinguish between the races does not appear to have been made since.
The courts of Kentucky and North Carolina are in conflict, due to the
differences in the constitutions of those States, on the question of
special taxation by each race for its own schools. The local tax
districts in North Carolina have recently been increasing at the rate of
about two a day, but the tax is levied upon colored persons as well as
white, and all the schools share the benefits.
The Constitution of Texas[516] of 1866 provided that all taxes collected
from Negroes should go to maintain their public schools, and that it
should be the duty of the legislature to encourage schools among these
people. This provision, however, does not appear in the later
Constitution of Texas.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account