Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
In 1874 the school directors of McLean County, Illinois, erected a
separate school building, twelve by fourteen feet, for the exclusive
purpose of educating the three or four colored children in the district
therein. It was admitted that there was plenty of room for them in the
regular school building. One of the taxpayers of the district petitioned
for an injunction against the building of the house, but it was
completed before any decision was rendered. In a case which arose later,
the court[428] held that the school directors had no right to make such
a discrimination against Negroes, and that any taxpayer might object. In
1882 the board of education of Quincy, Illinois, divided the city into
eight districts and set apart one school for Negroes. A case arising
over this division and segregation, the court[429] ruled that, in the
absence of State legislation, the board had no power to establish
separate schools for Negroes. In 1886 the school board of Upper Alton
passed a resolution excluding colored children from the white school
unless they had reached the high school grade. A Negro, whose children
below high school grade were refused admission to the white school,
brought suit, and the court[430] held that the school board had no power
to separate the children on account of color. In 1899 the common council
of Alton established a school for Negroes, but the court[431] held that
this involved an illegal discrimination against them. The Associated
Press report[432] of November 28, 1906, had the following statement:
“East St. Louis, Ill., Nov. 28, 1906—A large brick building at 1,400
Missouri avenue, which was leased last week by the Board of Education
for a Negro school, was destroyed by fire to-day, and there is evidence
that prejudice against the establishment of a school for Negroes caused
the building to be set on fire. Late last night the building was
discovered to be on fire, but prompt action saved it. The firemen found
rags soaked in oil on the second floor hallway. The destruction of the
building to-day makes the second building leased for a Negro school that
has been burned within the last two weeks.” The latest Illinois case on
the subject is that of April 23, 1908, The People v. The Mayor, etc., of
Alton.[433] A Negro’s children were excluded from the public school most
convenient to them and directed to a colored school less convenient. He
petitioned for a writ of _mandamus_ against the mayor and common council
to compel them to admit his children to the most convenient school, and
after the case had been tried seven times by juries in the circuit
court, the writ was finally granted by the Supreme Court. Although all
of these cases were decided against race separation they show that there
is still an appreciable feeling in Illinois against the white and
colored children being taught in the same schools. The trouble at Alton
is not yet over. After a fourteen years’ fight the Negroes won, as has
Public-domain text, read in full here on John Shaqi.
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