Supr. Ct. Decision on Day Law
Citizen Nov. 12, 1908
BEREA LOSES SUIT
The following account has appeared
in the daily papers of the decision
of the U.S. Supreme Court against
the suit of Berea College to have
Day law, forcing the separation
white and colored students, declared
un-constitutional and void. In the
absence of Pres. Frost the college
authorities did not wish to make any
comment on the decision.
Following is the account of the de-
cision.
Washington, D. C., Nov. 9. -- In de-
ciding the case of Berea College vs.
the state of Kentucky favorably to the
state, the Supreme court of the Unit-
ed states today held that the states
of the union may constitutionally leg-
islate to prevent the coeducation of
the white and black races.
The case was instituted to test
the validity of the state law of 1904,
prohibiting white and black children
from attending the same schools. The
higher state court took the position
that the white and black races are
naturally antagonistic and that the
enforced separation of the children of
the two is in line of the preservation
of the peace.
The opinion of the Supreme court
was handed down by Justice Brewer,
and affirmed the finding of both the
Kentucky Circuit court and the Court
of Appeals. Justice Harlan and Day
dissented.
Justice Brewer's opinion dealt en-
tirely with the corporations as affect-
ed by the Kentucky statue, and did
not consider the question of its appli-
cability to individuals. Proceeding up-
on the theory that a state has com-
plete conrol over corporations as its
own creations, he then constructed the
law of 1904 as in effect an amend-
ment to the character of Berea
College.
He said: "It is settled that a power
reserved to the legislature to alter,
amend, or repeal a charter authorizes
it to make any alteration or amend-
ment of a charter granted subject to
it."
Dissent of Justice Harlan.
Justice Harlan in his dissenting op-
inion said: "Have we become so in-
oculated with prejudice of race that
an American government, professedly
based on the principles of freedom,
and charged with the protection of all
citizens alike, can make distinction
between such citizens.
"If the lower court be right, then
a state may make it a crime for white
and colored persons to frequent the
same market, or appear in an assem-
blage of citizens convened to con-
sider questions of public or political
nature in which all citizens, without
regard to race are equally interested."
(Associated Press Telegram.)
Philadelphia, Nov. 11 -- President
Wm. Goodell Frost, of Berea College,
was in this city today. Regarding the
decision of the United States Supreme
Court upholding the so-called "Jim
Crow" law for private schools in Ken-
tucky, he said: "A misapprehension
exists as to our position and the ef-
fect of the decision on Berea College.
We are surprised and disappointed,
believing with Justices Harlan and Day
that the upholding of the unnecessary
law weakens the bulwarks of liberty
for the whites and blacks alike. It
does not, however, greatly affect us
at this time.
"The law in 1904 forced us to ex-
clude colored students after we had
received them without collision or
scandal for forty years. We then aid-
ed them to attend other schools and
set apart $200,000 toward founding a
colored school for Kentucky.
"This was a great hardship with
all our urgent work for the mountain-
eers, but we already have pledges for
a large part of an adjustment fund
to reimburse Berea College and to
make a total of $400,000 for a new
colored institution. Toward this fund
the colored people of Kentucky are
subscribing very liberally, hoping to
have a school of their own at an
early day."
Berea College Archives - Community and Outreach
