World Library  
Flag as Inappropriate
Email this Article

Day Law

Article Id: WHEBN0038932010
Reproduction Date:

Title: Day Law  
Author: World Heritage Encyclopedia
Language: English
Subject: Berea College v. Kentucky, Discrimination in the United States, Berea College, Pleiku Stadium
Publisher: World Heritage Encyclopedia

Day Law

Day Law, "An Act to Prohibit White and Colored Persons from Attending the Same School," was signed into law in the Commonwealth of Kentucky by Governor J.C.W. Beckham in March 1904. The Day Law, named after Breathitt Countian Carl Day who introduced the bill in the Kentucky House of Representatives, prohibited students of color from attending the same school as white students. Nor could they attend schools that were located less than 25 miles from a whites-only school.

Berea College at the time was the only integrated college in Kentucky. As the bill was being debated in the Kentucky House of Representatives Committee on Education, two groups came to Frankfort to lobby the legislators. One group was led by Berea College President William G. Frost and his wife to protest the bill while the other group was led by Berea's Democrat Club president, J.M. Early, to speak in support of the bill. State Superintendent of Education Harry McChesney also spoke in favor of the bill.[1]

Berea College was criminally convicted and fined $1,000. The Court of Appeals of Kentucky denied Berea College's appeal, agreeing with the Kentucky General Assembly on the law's purpose - that of preventing racial violence and interracial marriage.[2]

In 1908 the U.S. Supreme Court affirmed the legitimacy of Commonwealth's right to prohibit individuals and corporations from operating integrated schools. The decision in Berea College v. Kentucky extended the 1896 opinion in Plessy v. Ferguson to include colleges and universities specifically on the grounds that they were charted by the state. The Kentuckian Justice John Marshall Harlan dissented, as he had done with Plessy v. Ferguson, that it was unconstitutional under the Fourteenth Amendment's Due Process Clause and was a governmental intrusion on citizens' private lives. The Supreme Court fifty years later took a position similar to Justice Harlan in its ruling on Brown v. Board of Education, Topeka.

The trustees of Berea College worked to build a new college that would serve the needs of Kentucky's black students seeking higher education. With a challenge grant of $200,000 from Andrew Carnegie, the trustees raised the matching funds and purchased 444.4 acres of farmland in Shelby County.[3] By the fall of 1912, the Lincoln Institute opened its doors to its first students. By the 1930s, however, the junior college courses were no longer offered. The historically black college in Frankfort, that eventually would become Kentucky State University, had taken on a stronger role in black higher education. Lincoln Institute's students could only take vocational and college preparatory courses until it closed in 1966.

The Kentucky Department of Education created in 1924 a Division of Negro Education.[4]

The Day Law became illegal upon the U.S. Supreme Court's decision in 1954 in the landmark case, Brown v. Board of Education, Topeka.

See also


  1. ^ Burnside, Jackie. "Day Law". Early History of Black Berea. Retrieved 26 March 2013. 
  2. ^ "Berea College v. Kentucky - Law and Higher Education". Education Law. Retrieved 26 March 2013. 
  3. ^ "Lincoln Foundation History". Louisville, KY: Lincoln Foundation. Retrieved 26 March 2013. 
  4. ^ "Division of Negro Education (Kentucky)". Lexington, KY: Kentucky Notable African Americans, University of Kentucky Libraries. Retrieved 26 March 2013. 

Further reading

This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.

Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.