rt between John Kennard, appointed by Warmoth, and P. H.
Morgan, appointed by Pinchback, and the judgment was affirmed by
the Supreme Court of the United States in the case of Kennard vs.
Morgan, reported in 92d U. S. 480. The opinion was rendered by
Chief Justice Ludeling and concurred in by Justices Taliaferro
and Howell, and Justice Wyly dissented. The case was tried in the
Superior District Court before Judge Jacob Hawkins who decided in
favor of Morgan and this judgment was affirmed by the Supreme
Court.

Judge Kennard was appointed to the Court on December 3, 1872,
vice W. W. Howe resigned; Morgan was appointed on January 4,
1873, and at the end of the litigation took his seat as a member
of the Court on February 1st, serving until the Manning Court
went into office on January 9, 1877.

After the eventful fourteenth of September, 1874, when General
Emory took charge, he appointed Colonel (now Brigadier General
retired) Joseph R. Brooke, military governor of Louisiana, but he
only served one day, because President Grant disapproved of the
appointment and ordered General Emory to reinstate Governor
Kellogg.

W. O. HART.

* * * * *

In the January number of the _South Atlantic Quarterly_ Gilbert T.
Stephenson, Judge of the Municipal Court of Winston-Salem, North
Carolina, writes on the subject, "_Education and Crime among
Negroes_." Although he accepts as facts certain unreliable statistics
concerning the criminality of Negroes, he nevertheless presents the
subject in a liberal manner. His following conclusion is interesting.

"All the available statistics and the unanimous opinion of men in
a position to know the facts would seem to be proof that
education--elementary or advanced, industrial or
literary--diminishes crime among Negroes. The alarming high rate
of Negro criminality is as much a condemnation of the community
in which it exists as of the offending Negroes themselves. Having
discovered that the Negro school is, at least, one institution
which successfully combats crime, the community cannot afford to
withhold its active interest in and generous support of its Negro
school. The more money spent in making such schools responsive to
the special needs of the race, the less will have to