CHAPTER XII RACE DISTINCTIONS _versus_ RACE DISCRIMINATIONS 348–362 Race Distinctions not Confined to One Section 348 Race Distinctions not Confined to One Race 350 Race Distinctions not Decreasing 351 Distinctions not Based on Race Superiority 353 Solution of Race Problem Hindered by Multiplicity of Proposed Remedies 354 Search for a Common Platform 355 Proper Place of Race Distinctions 356 Obliteration of Race Discriminations 358 TABLE OF CASES CITED 363 INDEX 369 RACE DISTINCTIONS IN AMERICAN LAW CHAPTER I INTRODUCTORY WHAT IS A RACE DISTINCTION IN LAW? A race distinction in the law is a requirement imposed by statute, constitutional enactment, or judicial decision, prescribing for a person of one race a rule of conduct different from that prescribed for a person of another race. If, for instance, a Negro is required to attend one public school, a Mongolian another, and a Caucasian a still different one, a race distinction is created, because the person must regulate his action accordingly as he belongs to one or another race. Or, if a person, upon entering a street car, is required by ordinance or statute to take a seat in the front part of the car if he is a Caucasian, but in the rear if he is a Negro, this rule is a race distinction recognized by law. Again, a race distinction is made by the law when intermarriage between Negroes and Caucasians is prohibited. Distinctions in law have been made on grounds other than race. Thus, in those States in which men may vote by satisfying the prescribed requirements, but in which women may not vote under any circumstances, the law creates a distinction on the basis of sex. Laws forbidding persons under seven years of age from testifying in court and laws exempting from a poll tax persons under twenty-one years of age give rise to age distinctions. Other instances might be cited, but only race distinctions have a place here. DISTINCTIONS AND DISCRIMINATIONS CONTRASTED