[Footnote 1: Laws of Ohio, vol. xxiii., pp. 37 et seq.]
[Footnote 2: Hickok, The Negro in Ohio, p. 85.]
[Footnote 3: Simmons, Men of Mark, p. 374.]
[Footnote 4: Laws of Ohio, vol. liii., pp. 117-118.]
The Negroes of Cincinnati soon discovered that they had not won a great victory. They proceeded at once to elect trustees, organized a system, and employed teachers, relying on the money allotted them by the law on the basis of a per capita division of the school fund received by the Board of Education of Cincinnati. So great was the prejudice that the school officials refused to turn over the required funds on the grounds that the colored trustees were not electors, and therefore could not be office holders qualified to receive and disburse public funds.[1] Under the leadership of John I. Gaines the trustees called indignation meetings, and raised sufficient money to employ Flamen Ball, an attorney, to secure a writ of mandamus. The case was contested by the city officials even in the Supreme Court of the State which decided against the officious whites.[2]
[Footnote 1: Special Report of the U.S. Com. of Ed., 1871, pp. 371, 372.]
[Footnote 2: Ibid., 1871, p. 372.]
Unfortunately it turned out that this decision did not mean very much to the Negroes. There were not many of them in certain settlements and the per capita division of the fund did not secure to them sufficient means to support schools. Even if the funds had been adequate to pay teachers, they had no schoolhouses. Lawyers of that day contended that the Act of 1849 had nothing to do with the construction of buildings. After a short period of accomplishing practically nothing material, the law was amended so as to transfer the control of such colored schools to the managers of the white system.[1] This was taken as a reflection on the standing of the blacks of the city and tended to make them refuse to coöperate with the white board. On account of the failure of this body to act effectively prior to 1856, the people of color were again given power to elect their own trustees.[2]
[Footnote 1: Laws of the State of Ohio, vol. liii., p. 118.]
[Footnote 2: Ibid., p. 118.]