The Journal of Negro History, Volume 6, 1921Various
History
The Journal of Negro History, Volume 6, 1921
Various
African Americans -- Periodicals
Feeling that its charter was violated by this law and also that it
infringed upon the rights guaranteed the Negro in the Constitution of
the United States, Berea College attacked the validity of this measure
in the inferior courts and finally in the Supreme Court of the United
States. The plaintiff unanswerably contended that this Kentucky law
abridged one's privileges and immunities, in violation of the
Fourteenth Amendment of the Constitution of the United States, which
was a limitation on the police power of the State when it brings in
the matter of race. It further contended that the Constitution makes
no distinction between races and that the Fourteenth Amendment is not
only to protect Negroes but to protect white persons in the enjoyment
of their rights. The plaintiff admitted that social equality could not
be enforced by legislation but contended that voluntary social
equality of persons cannot be constitutionally prohibited, unless it
is shown that such is immoral, disorderly, or for some other reason so
palpably injurious to the public welfare as to justify direct
interference with the personal liberty of the citizens.
Evidently wishing to find some ground upon which it could base its
opinion upholding the Supreme Court of Kentucky which had sustained
this statute, the Supreme Court of the United States fell back upon
various principles of interpretation. The court said it would not
disturb the judgment of the State court resting on Federal or
non-Federal grounds, if the latter was sufficient to sustain the
decision in as much as the State court determines the extent of the
limitations of powers conferred by the State on its corporations. It
directed attention to the fact that a corporation is not entitled to
all the immunities to which individuals are entitled and a State may
withhold from its corporations privileges and powers of which it
cannot constitutionally deprive individuals. A State statute limiting
the powers of corporations and individuals may be constitutional as to
the former, although unconstitutional as to the latter; and if
separable it will not be held unconstitutional in the instance of a
corporation unless it clearly appears that the legislature would not
have enacted it as to corporations separately. "The same rule,"
continues the court, "which permits separable sections of a statute to
be declared unconstitutional without rendering the entire statute void
applies to separable provisions of a section of a statute. In coming
to the assistance of the Supreme Court of Kentucky the national
tribunal said the prohibition of Kentucky against persons and
corporations maintaining schools for both white persons and Negroes is
separable and, even if an unconstitutional restraint as to
individuals, is not unconstitutional as to corporations, it being
within the power of the State to determine the powers conferred upon
its corporations.
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