Berea College v. Kentucky
Supreme Court of the United States
ERROR TO THE COURT OP APPEALS OP THE STATE OP KENTUCKY. On October 8, 1904, the grand jury of Madison County, Kentucky, presented in the Circuit Court of that county an indictment, charging: “The said Berea College, being a corporation duly incorporated under the laws of the State of Kentucky, and owning, maintaining and operating a college, school and institution of learning, known as ' Berea College,’ located in the town of Berea, Madison County, Kentucky, did, unlawfully…
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ERROR TO THE COURT OP APPEALS OP THE STATE OP KENTUCKY. On October 8, 1904, the grand jury of Madison County, Kentucky, presented in the Circuit Court of that county an indictment, charging: “The said Berea College, being a corporation duly incorporated under the laws of the State of Kentucky, and owning, maintaining and operating a college, school and institution of learning, known as ' Berea College,’ located in the town of Berea, Madison County, Kentucky, did, unlawfully and willfully permit and receive both the white and negro races as •pupils for instruction in said college, school and…
1Opinion of the CourtJustice Brewer
There is no dispute as to the facts. That the act does not violate the constitution of Kentucky is settled by the decision of its highest court, and the single question for our consideration is whether it conflicts with the Federal Constitution.- The Court of Appeals discussed at some length the general power of the State in respect to the separation of the two races. It also ruled that “the right to teach white,and negro children in a private school at the same time and place is not a property right. Besides, appellant as a corporation created by this State has no natural right to teach at…
2Cases cited13 opinions
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3Cited by104 opinions
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