Berea College v. Commonwealth
Court of Appeals of Kentucky
Case 27. — PROSECUTION AGAINST BEREA COLLEGE FOR MAINTAINING AN INSTITUTION OF LEARNING IN THIS STATE WHERE PERSONS OF THE WHITE AND NEGRO RACES ARE RECEIVED. — Two indictments, heard together Appeal from Madison Circuit Court. J. M Benton, Circuit Judge. Judgment in both indictments against the defendant. POINTS AND AUTHORITIES.
Read the full summary
Case 27. — PROSECUTION AGAINST BEREA COLLEGE FOR MAINTAINING AN INSTITUTION OF LEARNING IN THIS STATE WHERE PERSONS OF THE WHITE AND NEGRO RACES ARE RECEIVED. — Two indictments, heard together Appeal from Madison Circuit Court. J. M Benton, Circuit Judge. Judgment in both indictments against the defendant. POINTS AND AUTHORITIES. We submit that any act which would seek to prevent Berea College from educating both races together would be in contravention of all of the inhibitions of the Fourteenth Amendment. First — It would abridge the privileges and immunities of citizens of the United…
1Opinion of the Court
Opinion op the Court by
Judge O’Rear.
There were two indictments against appellant in the Madison circuit court, for alleged infractions of an act of the legislature, approved March 22, 1904, entitled “An act to prohibit white and colored persons from attending the same school.” The first indictment, which was numbered 6,009 on the circuit court calendar, charged appellant with operating a school for whites and negroes in violation of the act. The second indictment, numbered 6,045, charges appellant with the offense of “maintaining and operating a college, school, and institution of learning…
2Cases cited18 opinions
- Plessy v. FergusonSupreme Court of the United States · 1896
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- Louisville, New Orleans & Texas Railway Co. v. MississippiSupreme Court of the United States · 1890
- Cory v. CarterIndiana Supreme Court · 1874
- State v. GibsonIndiana Supreme Court · 1871
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Axton Fisher Tobacco Co. v. Evening Post Co.Court of Appeals of Kentucky · 1916
- Jones, Chief Safety Inspector v. RussellCourt of Appeals of Kentucky (pre-1976) · 1928
- Jones v. RussellCourt of Appeals of Kentucky · 1928
- Meade v. DennistoneCourt of Appeals of Maryland · 1938
- McCown v. GoseCourt of Appeals of Kentucky (pre-1976) · 1932
12 more not listed; retrieve them via the Exa API.