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7 U.S.C. § 323Racial discrimination by colleges restricted

submitted 136 years ago by ch. 841 to r/title-7-AGRICULTURE · 286 words · no verdicts yet

in plain englishAI-generated · not legal advice

No federal money may go to a state college that excludes students by race or color. But separate colleges for white and Black students meet this rule if funds are divided fairly.

No money may be paid under this subchapter to any state or territory to support a college that makes a "distinction of race or color" in admitting students. But having separate colleges for white and colored students still counts as following this rule, as long as the funds each state gets are divided equitably, in the way this section describes. There is one exception. It applies to a state that has one college set up under subchapter I of this chapter, and that also has a separate school for colored students in agriculture and the mechanic arts, funded by the state's own money, whether that school existed before or was created after August 30, 1890. This applies whether or not that school got money under subchapter I before August 30, 1890. In that state, the legislature can propose to the Secretary of Agriculture a fair split of this subchapter's funds, between one college for white students and one institution for colored students. Once proposed and reported, the funds are divided into two parts and paid out that way. The institution for colored students then gets the same benefits under these sections, and is subject to the same rules, as if it had been included under subchapter I from the start. Following this process counts as complying with the rule on separate colleges for white and colored students.
the actual law source: uscode.house.gov ↗public domain

No money shall be paid out under this subchapter to any State or Territory for the support or maintenance of a college where a distinction of race or color is made in the admission of students, but the establishment and maintenance of such colleges separately for white and colored students shall be held to be a compliance with the provisions of said sections if the funds received in such State or Territory be equitably divided as hereinafter set forth: Provided, That in any State in which there has been one college established in pursuance of subchapter I of this chapter, and also in which an educational institution of like character has been established, or may be hereafter established, and is on August 30, 1890, aided by such State from its own revenue, for the education of colored students in agriculture and the mechanic arts, however named or styled, or whether or not it has received money prior to August 30, 1890, under said subchapter I, the legislature of such State may propose and report to the Secretary of Agriculture a just and equitable division of the fund to be received under this subchapter between one college for white students and one institution for colored students established as aforesaid, which shall be divided into two parts and paid accordingly, and thereupon such institution for colored students shall be entitled to the benefits of said sections and subject to their provisions, as much as it would have been if it had been included under subchapter I of this chapter, and the fulfillment of the foregoing provisions shall be taken as a compliance with the provision in reference to separate colleges for white and colored students.

Source credit: (Aug. 30, 1890, ch. 841, § 1, 26 Stat. 417; 1939 Reorg. Plan No. 1, §§ 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title III, § 301(a)(2)(E), Oct. 17, 1979, 93 Stat. 677; Pub. L. 97–98, title XIV, § 1419, Dec. 22, 1981, 95 Stat. 1306.)

history & why it existsrecord from the source credit
  • 1890Enacted · Act of Aug. 30, 1890, ch. 841 · 26 Stat. 417
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 677
  • 1981Amended · Pub. L. 97-98 · 95 Stat. 1306

A history note hasn’t been published yet. The record shows enactment by ch. 841 on 1890-08-30.

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