In Arizona, Indiana, Kansas, and Wyoming,
the boards of education are given the power to decide the question.
Eleven of the States of the Union make no provision in their laws one
way or the other[22] Separation is demanded in the private schools in
Kentucky, Florida, Tennessee, and Oklahoma. The law in Kentucky was
created at a time when it affected only one institution--that of Berea
College, which was established in 1856 for the education of
anti-slavery whites and was opened to Negro students after the Civil
War. In 1904, the date of the passage of the law, this college had 927
students, 174 of whom were Negroes.[23] All of the Northern States
have compulsory education, but only two of the Southern States,
Kentucky and Missouri, have enacted such laws. This does not mean, of
course, that these laws are enforced, nor is this a key to the amount
of education obtained in proportion to the population, but it does
indicate the difference in opportunities for education between the
Northern and Southern States.

In regard to the elementary education of the Negro children the whole
situation is rather discouraging, but great progress has been made and
one may hope for still greater progress in the future. The increase in
facilities for education between 1866 and 1870 was quite marked, with
a corresponding increase in the number of pupils, as shown by the
following table:

INCREASE IN EDUCATION FROM 1866 TO 1870[24]

+==========+===========+===============+==========+
| Date | Schools |No. Teachers | Pupils |
+----------+-----------+---------------+----------+
| 1866 | 975 | 1,405 | 90,778 |
| 1867 | 1,839 | 2,087 | 111,442 |
| 1868 | 1,831 | 2,295 | 104,327 |
| 1869 | 2,118 | 2,455 | 114,522 |
| 1870 | 2,677 | 3,300 | 149,581 |
+----------+-----------+---------------+----------+

The total expenditure for education during this period was $5,879,924.
There was in 1870, however, only about one tenth of the Negro children
of school age in school. Later, from 1889 to 1909, the number of
children enrolled greatly increased:

PERCENTAGE OF PERSONS 5 TO 18 YEARS ENROLLED[25]

Date White Colored
1889-1890 66.28 51.65
1899-1900 72.32 57.67
1908-1909 74.76 58.34

In the first year more than half the children were in school, a d