Page:Race distinctions in American Law (IA racedistinctions00stepiala).pdf/196

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to attend a school provided for children of the other race." The Negro public schools of the city of Charleston are taught by white people, mostly Southern-born white people.

Tennessee, by its laws[73] of 1866, by its Constitution[74] of 1870, and by its laws[75] of 1873 requires separate public schools for the white and colored children. A statute[76] of 1901 prohibits the co-education of the white and colored races in private schools.

The Texas Constitution[77] of 1876 provided for separate schools and impartial accommodations for both races. A school-house constructed in part by voluntary subscription by colored parents and guardians and for a colored school community shall not be used without their consent for the education of white children, and vice versa.[78] The separate school requirement was repeated in the laws of 1884,[79] 1893,[80] and 1895.[81] The Texas provision is that a school which receives both white and colored pupils shall not receive any of the public school fund, which amounts to saying that it is not unlawful to educate white and colored children together in private schools.

The Constitution of Virginia of 1870 did not declare that the races must be separated in schools. But statutes of 1882[82] and 1896[83] provide that white and colored persons shall not be taught in the same school but in separate schools, under the same general regulations as to management, usefulness, and efficiency. The Virginia Constitution[84] of 1902 has the terse statement that white and colored children shall not be taught in the same school.