The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1872-03-02
NEGROES. CEINAMEN AND INDIANS
IN The COMMON SCHOOLS.

son, involving the right of negr
children IN the public schools OF til
State on an equality with whit
children. The case Is entitled 'Ih
State OF Nevada ex rel. d. Stout
meyer vs.. James Duffy ct ais, a
School Trustees. etc. The cast
came up III the shape OF an appIIca
ton for q writ of mandamus com,
polling the Trustees to admit petl-
toner into the public school. The
writ was ordered issued by the
Court. Justices Whitman and Lewis
in the Affirmative, Justice CARRIER
dissenting. Each OF the Judges
filed a separate and lengthy opinion.
We have not space now TO refer at
much length TO the decision and
indeed II Is rendered unnecessary by
the cogeut reasoning of the dissent
ing opinion, which covers and re-
views IN e.rten$o what we consider to
be the errors of the majority of the
Court.
This much is apparent to every
candid reader OF the opinions; that
the reasoning of the majority is far
fetched. extraordinary. and totally
at variance with the intention OF the
State constitutional Convention and
of the understanding of the people
when they adopted the Constitution,
and subsequently when they in Leg
islative Assembly passed the School
law. As Judge CARRIER expresses it,
it is a resolution, which. 1t seems
to me can only be arrived at by an
equal disregard Of pruaciD lie, prece-
deutasd p.licy.' We do not know
how anyone IAN hse any stronger
language than this of the Associate
Justice.
The following is the section of the
statute upon which the Trustees
acted:
..Ne-roes. Mongolians and Indians
shall not be admitted into the public
schools. but the Board ofTru>tees may
establish a separate school far their
education. and Use the public school
funds for the support OF the same"
When the writ Of mandamus was
originally applied for it was done
upon the ground that this section
was in conflict with the Fourteenth
Amendment to the Constitution OF
the United States. That it was in
conflict with the Constitution OF Ne
vada was not even suggested. The
public will naturally regard it as IN
exhibition CT undue anxiety on the
part Of the majority, that after find
ing that the claim could not be sub
stantiated under the 14th amend
ment, they should fall back upon the
State Constitution for authority for
thrusting negro children into the
public schools. 1t was the first time
that such a claim had ever been
made. Such a construction was
never even dreamed of before.
1t is remarkable also that both
Justices Whitman and Lewis, though
agreed in the final result in ordering
the writ, disagree as to the source
of their authority to do SO. Both
Judges Lewis and CARRIER repudiate
Judge Whitman's theory that because
the State Constitution provides for
an uniform system of common
schools" the children of all colors
and races must necessarially be edu-
Gated t1gehe5.. Judge Lewis bases
his conclusions upon section u of
the Constitution. which declares that
. when a general law can be made
applicable. all laws shall be general,
and of uniform operation throughout
he State" As urged by the dis
,enting Judge. neither of these have
application whatever to the sub
.ect.
Who is to j"dge whether a general
can be made Applicable or