Thank you for visiting SNEWPapers!
Sign up free
Domestic News
November 13, 1950
The Augusta Courier
Augusta, Richmond County, Georgia
What is this article about?
Lawyers contend that Georgia's constitution mandates racial segregation in schools and ties state tax funding to this separation. If a lawsuit in Atlanta forces integration, public schools could lose all state support, effectively destroying the system, including the University of Georgia.
Merged-components note: Merged continuation across pages on Georgia's constitutional provisions for school segregation and implications for state funding.
Clippings
1 of 2
OCR Quality
98%
Excellent
Full Text
State Can't Use Tax Funds To Support Schools Mixing White, Negro Children.
Racial Segregation Education System Specifically Set Up By Constitution
Can Georgia legally support mixed schools?
Many lawyers are saying that Georgia cannot. They are saying that if the negroes win the lawsuit in Atlanta and force white schools to admit negro students and to mix the whites and blacks in the same schools that then the schools cannot legally receive money from the State for their support and maintenance.
In other words, they say that mixed schools are illegal in Georgia and that Georgia can levy taxes and make appropriations for public schools only so long as the races are segregated in the schools.
The Constitution of this State in Article VII, Section 2, Paragraph 1, says: "The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only:"
Then the Constitution enumerates nine things for which taxes can be levied. Included as one of the nine is the following: "For educational purposes."
Then this same Constitution provides: "Separate schools shall be provided for the white and colored races."
This provision is found in Paragraph 1 of Section 1 of Article VIII.
The provision for separate schools is contained in the new Constitution of 1945. Likewise, it appears in the Constitution of 1877. The Constitution of 1945 and the Constitution of 1877 are the only two Constitutions we have had since the days of Reconstruction and the days of the carpetbaggers and scalawags.
Both the Constitution of 1877 and the Constitution of 1945 were voted on and adopted by the people of Georgia.
Both provisions quoted above were voted upon and adopted at the same time and in one and the same document.
The same document which authorizes the levying of taxes for educational purposes says there shall be separate schools for the colored and the whites.
It is believed by some lawyers that the right to levy taxes in Georgia for educational purposes is conditioned upon the fact that in Georgia's educational system there shall be a separation of the races into separate schools.
If this be the case then Georgia cannot levy taxes or make appropriations for the support of any schools unless they are segregated schools.
Should the negroes win their lawsuit in Atlanta and force the mixing and mingling of the two races in the same schools then they would destroy the school system in this State.
It is believed that if this should happen (Continued on Page 2)
RACIAL SEGREGATION EDUCATION SYSTEM SPECIFICALLY SET UP BY CONSTITUTION
(Continued From Page 1)
no taxes could be levied for the support of the schools and no appropriations could be made by the State for the support of the schools.
Should they secure their injunction in Atlanta enjoining the operation of separate schools in this State then any tax payer could go into the State Courts and enjoin the expenditure of public money for the support of these mixed schools.
The Legislature also could recognize the fact that it had no authority to make appropriations for school purposes under the Constitution.
If these things should happen then the negroes by winning their suit in Atlanta would destroy the whole public school system of this State.
It is believed that if the negro who is now applying for entrance to the University of Georgia should be admitted by the University that immediately all appropriations for the University System would come to an end and the University would have no funds with which to operate.
If the negroes should win their suit against the City of Atlanta and the schools should be mixed in Atlanta then all appropriations by the State to the City of Atlanta would immediately come to an end.
Then if the negroes should continue their suits against different county Boards of Education as fast as they win a suit against the county that county would no longer be able to receive State funds.
So the negroes are in this peculiar situation. They may win but if they do they will destroy the school system in Georgia.
They will destroy it for several reasons.
The first is that the whites will refuse to go into mixed schools and, second, the State will have no legal authority to levy taxes for the support of the schools.
So if they win they are going to pull the house down on top of their heads.
The suit can only do one thing and that is destroy the public school system in Georgia.
Racial Segregation Education System Specifically Set Up By Constitution
Can Georgia legally support mixed schools?
Many lawyers are saying that Georgia cannot. They are saying that if the negroes win the lawsuit in Atlanta and force white schools to admit negro students and to mix the whites and blacks in the same schools that then the schools cannot legally receive money from the State for their support and maintenance.
In other words, they say that mixed schools are illegal in Georgia and that Georgia can levy taxes and make appropriations for public schools only so long as the races are segregated in the schools.
The Constitution of this State in Article VII, Section 2, Paragraph 1, says: "The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only:"
Then the Constitution enumerates nine things for which taxes can be levied. Included as one of the nine is the following: "For educational purposes."
Then this same Constitution provides: "Separate schools shall be provided for the white and colored races."
This provision is found in Paragraph 1 of Section 1 of Article VIII.
The provision for separate schools is contained in the new Constitution of 1945. Likewise, it appears in the Constitution of 1877. The Constitution of 1945 and the Constitution of 1877 are the only two Constitutions we have had since the days of Reconstruction and the days of the carpetbaggers and scalawags.
Both the Constitution of 1877 and the Constitution of 1945 were voted on and adopted by the people of Georgia.
Both provisions quoted above were voted upon and adopted at the same time and in one and the same document.
The same document which authorizes the levying of taxes for educational purposes says there shall be separate schools for the colored and the whites.
It is believed by some lawyers that the right to levy taxes in Georgia for educational purposes is conditioned upon the fact that in Georgia's educational system there shall be a separation of the races into separate schools.
If this be the case then Georgia cannot levy taxes or make appropriations for the support of any schools unless they are segregated schools.
Should the negroes win their lawsuit in Atlanta and force the mixing and mingling of the two races in the same schools then they would destroy the school system in this State.
It is believed that if this should happen (Continued on Page 2)
RACIAL SEGREGATION EDUCATION SYSTEM SPECIFICALLY SET UP BY CONSTITUTION
(Continued From Page 1)
no taxes could be levied for the support of the schools and no appropriations could be made by the State for the support of the schools.
Should they secure their injunction in Atlanta enjoining the operation of separate schools in this State then any tax payer could go into the State Courts and enjoin the expenditure of public money for the support of these mixed schools.
The Legislature also could recognize the fact that it had no authority to make appropriations for school purposes under the Constitution.
If these things should happen then the negroes by winning their suit in Atlanta would destroy the whole public school system of this State.
It is believed that if the negro who is now applying for entrance to the University of Georgia should be admitted by the University that immediately all appropriations for the University System would come to an end and the University would have no funds with which to operate.
If the negroes should win their suit against the City of Atlanta and the schools should be mixed in Atlanta then all appropriations by the State to the City of Atlanta would immediately come to an end.
Then if the negroes should continue their suits against different county Boards of Education as fast as they win a suit against the county that county would no longer be able to receive State funds.
So the negroes are in this peculiar situation. They may win but if they do they will destroy the school system in Georgia.
They will destroy it for several reasons.
The first is that the whites will refuse to go into mixed schools and, second, the State will have no legal authority to levy taxes for the support of the schools.
So if they win they are going to pull the house down on top of their heads.
The suit can only do one thing and that is destroy the public school system in Georgia.
What sub-type of article is it?
Legal Or Court
Education
What keywords are associated?
Georgia Segregation
School Lawsuit
Constitution Funding
Atlanta Integration
University Of Georgia
Where did it happen?
Georgia
Domestic News Details
Primary Location
Georgia
Outcome
potential destruction of the public school system if integration is forced, including loss of state funding and white refusal to attend mixed schools.
Event Details
Lawyers argue that Georgia's constitutions of 1877 and 1945 condition state tax funding for education on maintaining racial segregation in schools. A lawsuit in Atlanta seeking to integrate schools could lead to the inability to levy taxes or appropriate funds for mixed schools, effectively ending public education.