colored shall be taught in separate public schools, but there shall be no discrimination made in favor of, or to the prejudice of either race." According to the statute[63] of 1901, a child descended from a Negro to the third generation inclusive should not attend a white school. This was amended[64] in 1903 to the effect that no child with Negro blood in his veins, "however remote the strain," shall attend a school for the white race. The present statute[65] also provides that the descendants of Croatan Indians now living in Robeson and Richmond counties shall have separate schools for their children. It will be remembered that it is the Croatan Indians who are prohibited from intermarrying with Negroes.
The Territory of Oklahoma[66] had the following peculiar arrangement for separate schools till 1901: In each county an election was held every three years at which all the qualified school electors could vote for or against the maintenance of separate schools in that county. If a majority voted against separation, then the white and colored children might attend the same school; but if a majority voted for separation separate schools had to be provided. In counties which separate schools were voted in the schools for whites and blacks had to be equal in length of terms and in facilities. Any failure to comply with the law rendered the act for establishing separate schools void, and immediately the schools were opened to both races. In 1901[67] separate schools were required all over the Territory. In case the children of one race in a district did not exceed ten, they were to be transferred to a school for their race in another district instead of a separate school being maintained for them, provided the distance was not
