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
that the first leading case involving the right of street car companies
to separate their passengers by race arose. Instances of actual
discrimination against Negroes by common carriers were found in
Illinois, Iowa, and California. How common race distinctions are in the
States mentioned the above resumé does not clearly show, because the
great majority of grievances caused by race distinctions do not reach
the court. But when one finds that the legislature has deemed it
advisable to enact a law against race distinctions, it is reasonable to
assume that they did in fact exist. For instance, five States, all
outside the South, prohibit discriminations by insurance companies on
account of race. Had these companies not evinced signs of discrimination
against Negroes, such statutes would not have been enacted. It is well
known that race distinctions are common in the South.
Were this general prevalence of race distinctions fully realized, the
result would be a kindlier feeling one to another among the white people
of the various sections. They would then see that the presence or
absence of race distinctions is due, not to any inherent difference in
the character of the people, but to diverse conditions and environment.
When, therefore, the Negro children of Upper Alton, Illinois, are seen
to constitute an appreciable percentage of the school population, the
people of that town, as the people of a Southern town would do under
similar circumstances, demand for them a separate school.
RACE DISTINCTIONS NOT CONFINED TO ONE RACE
Race distinctions are not confined to any one race. It is true that most
of the statutes and judicial decisions above referred to relate to the
Negro because he belongs to a race which is the largest non-Caucasian
element in the United States. Where, however, other race elements exist
in considerable numbers, similar distinctions are sanctioned. One finds,
for instance, in California and other States of the Far West, where
Japanese are numerous, laws prohibiting intermarriage between Mongolians
and Caucasians, and requiring separate schools for the two races.
Similar laws have been enacted wherever there is an appreciable number
of Indians. Wherever, in other words, any two races have lived together
in this country in anything like equal numbers, race distinctions have
been recognized in the law sooner or later; and, before becoming legally
recognized, have existed in practice.
RACE DISTINCTIONS NOT DECREASING
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