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
On the other hand, if the term of the Negro school is four months, and
that of the white, eight; if the teachers in the Negro schools are
underpaid and inadequately or wrongly trained, and the teachers of the
white schools are well paid and well trained; if Negro children are
housed in dilapidated, uncomfortable, and unsanitary buildings, and
white children have new, comfortable, and sanitary buildings; if courses
of study for Negro children are selected in a haphazard fashion without
any regard to their peculiar needs, and a curriculum is carefully
adapted to the needs of white children; if such conditions exist under
the law, race distinctions exist which are at the same time
discriminations against Negroes. Where the tables are turned and Negro
children are accorded better educational advantages than white, the
discriminations are against Caucasians.
A law of Virginia requires white and Negro passengers to occupy separate
coaches on railroad trains. If the coaches for both races are equally
clean, equally comfortable, and equally well appointed; if both races
are accorded equally courteous service by the employees of the railroad;
if, in short, all the facilities for travel are equal for both races,
race distinctions exist but not race discriminations. The extent of
accommodations need not be identical. The railroad company, for
instance, need furnish only the space requisite for the accommodation of
each race. If, however, the white passengers are admitted to clean,
well-lighted, well-ventilated coaches and Negroes, to foul, unclean,
uncomfortable coaches; if white coaches are well-policed, while Negro
passengers are subjected to the insults of disorderly persons; if, in
other words, the Negro passenger does not receive as good service for
his fare as the white, a discrimination against the Negro is made under
the guise of a legal distinction.
In like manner, one might consider each of the race distinctions
recognized in the law and show how it may be applied so as not to work a
discrimination against either race and, as easily, how it may be used to
work an injustice to the weaker race. A race distinction connotes a
difference and nothing more. A discrimination necessarily implies
partiality and favoritism.
LEGAL AND ACTUAL DISTINCTIONS
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