The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-12-21
tuition of the United States. The latest
case in which it ha been considered is
that inst decided in Indiana ~

tuition of the United States. The latest
case in which it ha s been considered Is
that just decided in Indiana.
As long ago as lS49, the city Of Boston
was sued in behalf of colored girl who
sought to recover damages by reason OF
her exclusion from one Of the primary
schools of that city at which white chill
dren received instruction. 1t was shown
that the city had established and then
maintained two primary schools for the
exclusive use of colored children. The
plaintiff was represented by Charles Sum-
ner, who argued the case in the supreme
judicial court Of Massachusetts,, before
chief Justice Shaw, He contended that
the exclusion of coored children from the
public schools which were open to white
children was 10 violation of the constitution
of Massachusetts,, according to which all
| men, without distinction of color or race,
are equal before the law The court, how
ever, directed a non-suit, holding that the
| regulation was constitutional which re-
stricted the plaintiffs attendance to the
schools established for colored children,
| A somewhat similar case was determined
by the general term of the supreme court
Of this state at Buffalo in 1869, There, a
provision in the charter of that city re
curing the establishment of public schools
, exclusively for white children, and public
schools exclusively for colored children,
!, was alleged to be an infringement Of the
state constitution, and contrary to the act
of congress known as the civil rights bill.
Mr.. Justice Daniels, now of the general
term of this judicial department, wrote
; the opinion of the court. which atfirms the
, power of the legislature to require the
separation of schools for white and colored
!, children. 1t went still further, and de
g clared that the right to be educated in the
\ common schools of the state is one derived
, entirely from legislation, and is not one
:, of those inherent and paramount rights
!, which the people by constitutional PROV
e sions have placed beyond the control OF
legislation.
D Probably the most careful and inte!li-
4 gent consideration which the question has
ever received in any court, however, was
, in case decided by the supreme court OF
2 California in January last 1t was an APP
a plcation for writ Of mandamus com
! manding the principal OF San Franclsco
) grammar school for white children to al
, nit colored girl into the institution a. d
pupil. lie JuStiucu MS a
f her, by reference to the school law OF the
state which expressly enacts that the
4 education of children of African descent
D and Indian children shall be provided for
J in separate schools, under which statute
| two schools for such children are main
tanned in the city of San Francisco, where
, the scholars are afforded instruction in all
respects equal to that provided for white
children at their schools. The petitioner $
counsel argued that this statutory provi-
sion was null and void because in contra
vention of that clause of the Fourteenth
I Amendment of the Constitution of the
United States, which prohibits any State
from denying to any person within It's
jurisdiction the equal protection of the
laws.
The corrt, consisting on this occasion Of
the Chief Justice and two of h. four AS
sociate Justices, denied the application.
The equal protection of the laws, guaran
teed by the Fourteenth Amendment, was
declared to be uniformity and equality in
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