 In March 1904 , <unk> signed the Day Law <unk> racial segregation of all schools in Kentucky . <unk> College , a private college in eastern Kentucky that had been integrated since the 1850s , immediately filed suit to challenge the law . The substance of the law was upheld in the circuit court and the Kentucky Court of Appeals . <unk> appealed to the Supreme Court , and in 1908 the court handed down an 8 – 1 decision against the college . Only John Marshall <unk> <unk> . 
