The Courts Deal a Blow to Segregation:
The “Separate But Equal” Doctrine Begins to Crumble
AFTER almost fifty years, the famous Berea College decision, which closed the door on equal education for white and Negro, has been legally undone, and a chain reaction has thereby been put into motion which, many believe, promises the not-too-distant end of discrimination in higher education.
In 1904, it will be remembered, the legislature of Kentucky passed an act making it unlawful “for any person, corporation, or association of persons” to maintain an educational institution where both white and Negro pupils received instruction. A school or college was to be fined $1,000 for each day of operation in violation of the statute. An educational institution could, however, operate a branch “in a different locality, not less than 25 miles distant,” for the education exclusively of the pupils of “one race or color.”
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