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
A law[448] of Nevada of 1865 excluded Negroes, Mongolians, and Indians
from the public schools, and prescribed as a punishment to the school
opening its doors to all races a withdrawal of its share of the public
school fund. The school officials might, however, if they deemed it
advisable, establish a separate school for the children of Negroes,
Mongolians, and Indians, to be supported out of the public school fund.
In 1872 it was held[449] that a _mandamus_ would lie compelling trustees
to admit colored persons to the public schools where separate schools
were not provided for such persons. No subsequent reference to the
subject appears in the statutes or reports, so it may be assumed that
separate schools no longer exist in Nevada.
A statute[450] of New Jersey of 1881 made it unlawful to exclude anyone
from the public school on account of “religion, nationality, or color.”
The town of Burlington had four public schools, one of which had been
set apart for Negroes. A Negro petitioned for a writ of _mandamus_ to
compel the trustees to admit his children to the white schools, and the
court[451] issued the writ. About four years ago the public schools of
East Orange, New Jersey, adopted the policy of teaching the Negro pupils
in separate classes; but it was soon abandoned because, the school
authorities said, “it seemed like going back to old ideas.”[452]
The city of Buffalo, New York, under a provision of its charter,
established separate schools for Negroes, and this action was upheld by
the court[453] on the ground that the right to attend common schools is
a legislative grant and not a constitutional guarantee. The city of
Albany also set apart one school for Negroes, and this was held[454]
constitutional in 1872. And in 1883, the Supreme Court[455] of that
State held that, if separate schools are provided for colored children,
they may be excluded from the white schools. In 1899, the same was
held[456] for the Borough of Queens. These decisions were under the law
of 1864,[457] reënacted in 1894,[458] which gave power to the school
authorities of cities and incorporated villages, when they deemed it
expedient, to establish separate schools. But this law was repealed in
1900,[459] and the present law reads: “No person shall be refused
admission to or be excluded from any public school in the State of New
York on account of race or color.”
An Ohio statute[460] of 1878 gave the boards of education discretionary
power to establish separate schools for Negroes. This law was repealed
in 1887,[461] and thereafter all public schools were open to colored
children.[462]
Public-domain text, read in full here on John Shaqi.
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