In Cumming v. Richmond Board of Education, 175 U.S. 528 (1899), the Supreme Court upholds a local school board's decision to close a free public black school due to fiscal constraints, despite the fact that the district continues to operate two free public white schools. Justice Harlan's opinion argues that there is no evidence in the record that the decision was based on racial discrimination, and that the distribution of public funds for free public education was within the discretion of school authorities.