That same year the State Superintendent reported219 that in several cases in which no schools were provided because of the small number of pupils, that their parents had asked why their children could not enter the white schools since there was no direct law prohibiting it. The next year220 the Negro children in several districts did enter the white schools with the tacit consent of the white population. When the State Superintendent was asked whether or not they could be ejected221 he replied that there was no law to that effect. At this time the enactment of a civil rights bill was being agitated in the State. This bill222 provided that the public schools of the State should be open to all children regardless of color. When the civil rights bill was defeated in 1874, there was passed another bill which aimed to relieve the situation in the sparsely settled districts.
In 1869 the legislature had passed a law223 permitting two or more districts, each of which had less than fifteen Negro population but which when taken together had more than that number, to establish a union school for those children. This law on account of its lack of force did not accomplish much good. In 1874 the law224 was amended in such a way as to make it obligatory for two or more districts, each of which had too few Negro children, to form a school to unite to form a union school. It was also ordered that all taxable property in a township in which a Negro school was situated should be taxed for its support.
In 1875 each district supported its own school225 for white children, while the whole township in which a Negro school was situated was taxed for its support. No district in the State could be compelled by the law to maintain a school for its white children, but if there were more than fifteen Negro children in the district, the law compelled the local authorities to establish a school for them. If they failed to do so, the law directed the State Superintendent to establish and to levy taxes for the support of Negro schools in such communities. In those districts in which there were too few Negro children to form a separate school, union schools were to be established. The last mentioned law, however, was passed too late to have much effect upon the period under discussion. School officials who refused to perform the duties of their office could be fined226
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