CHAPTER 174 - FREE PUBLIC SCHOOLS RELATING TO SCHOOLS FOR MOORS AND INDIANS

AN ACT TO AMEND SECTION 34, OF CHAPTER 160, OF VOLUME 32, LAWS OF DELAWARE, AS AMENDED BY CHAPTER 222, OF VOLUME 36, LAWS OF DELAWARE, AS FURTHER AMENDED BY CHAPTER 189, OF VOLUME 40, LAWS OF DELAWARE, IN REFERENCE TO SCHOOLS FOR MOORS AND INDIANS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Section 34, of Chapter 160, of Volume 32, Laws of Delaware, as amended by Chapter 222, of Volume 36, Laws of Delaware, as further amended by Chapter 189, of Volume 40, Laws of Delaware, be and the same is hereby further amended by striking out and repealing the following words, as they appear in the said Section 34, of the said Chapter 160, of the said Volume 32, Laws of Delaware, as amended, as aforesaid, to-wit:

"No white or colored child shall be permitted to attend such a school without the permission of the State Board of Education", and by inserting in lieu thereof the following:

"No white or colored child shall be permitted to attend any school for Moors or any school for Indians, and any child who is entitled to membership in the corporation or association known as the Nanticoke Indian Association, whose parents or parent is entitled to membership in the said association, shall be considered as belonging to that class of "people called Indians" provided for in this Section, and if and when any dispute shall arise as to whether any child, or the parents or parent of any such child, is entitled to membership in the said association, and belongs to that class of "people called Indians", as provided for in this Section, and whether or not such child is entitled to attend any such school for Indians, the matter shall be referred to a Committee of three persons, consisting of the Resident Associate Judge of Sussex County, the State Registrar of Vital Statistics, and a member of the State Board of Education residing in Sussex County to be selected by the Resident Associate Judge of Sussex County, and the decision of said Committee, or the decision of the majority of the members of the said Committee, shall be final as to the matter in controversy, and the State Board of Education shall be governed accordingly."

Section 2. That all Acts and parts of Acts inconsistent with the provisions of this Act be and the same are hereby repealed to the extent of any such inconsistency.

Approved May 19, 1937.