| Show judicial decision on mixed schools the right and expediency of sending white and colored children to the same echolls are being discussed in various sections of the union where the subject has been brought up for consideration and in two recent cases both in northern states the important question as to how far the fourteenth amendment affects the status of colored persons under existing school laws has been adjudicated judica ted in both the courts held that the common school authorities have the right to make inake and enforce rules for the classification and government of the schools that the citizen cannot dictate where his children shall be instructed or what teacher shall bhail perform that office that equality of rights does not make mike the necessity of educating white and colored persons in the same school any more than it does that of educating children of both sexes in the same school any classification which preserves substantially equal school advantages Is not prohibited by the constitution ution in the tho opinion delivered last week in the supreme court at albany N Y judge learned said it is urged on the part of the relator that this regulation of the tho board is in violation of the fourteenth amendment of the constitution of the united states this prohibits the state from making or enforcing any law which shall abridge the privileges and immunities of citizens of the united states Ai suming assuming that this rule of the board Is fis to be included in the words any low law what privilege of a citizen is 18 abridged thereby certainly none unless every citizen has the privilege of choosing to which school in a city he be will send bis his children the relator has equal common school advantages with otner other citizens he does not assert that the school which is open to him Is ia not as good as the one which is its closed lie jie he jee does not pretend that there is anything in its position its pupils or its teachers which makes the limitation of his hib children to that school a practical refusal to them of common school advantages vali vall if the school which is open to his bis children were materially objectionable tio nabie Dable or if it were an improper school for them to attend a very different question might then arise J |
