The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1878-06-05
: MIXED SCHOOLS,

MiAED sCHOOLS,
= ,Hs!Ia53i' IeaI t10l' sgfi@aif4iti y
An Interesting Decision Il Judge Right
|92 or III regard sto the Looals . z
10 sailInus0hsofo l L! p rsstsgb alas'. Il
y ed liiw ya,ii i19 -dsaa esiiimse ?
THE f GoIo 'E3a9 YHESsHTI9N rtAssEp UPON
g ...sfiggga vsniGT i sqsaeEata ie q
r, The rle following Interesting decision
!, vas rendered a., recently BY; Judg'
IR'ishnttor, Of the .s; Sixth District Court
Ursi ND Dl)te .ls vs.. Board Of schoo
Directors The. relator, man Q
color, 1prays for q m.aqn!d 1ia1 Is to com
pei the defendants TO admit his chill
.ed1ren . to the Fillmore School which
under ada tthe regulations. Of, the. boar,,
l has = been PES i designated for the tuitioi
CIV Of white .;P,,s children; tits in eyidepc,
that that the eYill ere School, one desig
mated FED for tn-t tbs tpitfiona Of cologed chill
r e isl, is but It six i squares from the re
lat late 1sIho'us house ans and it Is not complain
ed Of laasslb9ei being in inferior in sespeet
educational At fo'FpHa 4, advantages to the whist
/ SNe;h4eoools., But while the relator snf
d fer s,I ~ ohhaarydsships by reason of tht
distance Of f. the clolored school, no.
by J, reason Of, Of less, valuable instruc
7 ti o.. Tiers impaired, he be- deems Gems him
self $ seriously rie gl;,y aggrieved BY the regu
l lation Which admits bis children t
school destined exclusively to hi;
own race, anda which exclude then
from a school destined to9a race tc
which theysdo not belong,a the dis
criminationi being as,he claims, ii
violation Of articles las andn136 o
.the'constitutionief 1858. Div hna
noTheoclause' of article o135, supor
which 1thelreiatort specially insists
issthat5Which provides that s'thert
shall be no separate schools or. ihsti
buttons of learning: established ex
clusively for,any race by the State
of Louisiana lsAs9the relator does
not belong exclusively to any sepa
rate race, there may, perhaps, b.
some force in the suggessionIthat he
has not that direct and personal in
terest in the question requisite te
confer d right 81, personal action
But assuming, in conformity with
American traditions and the lam
guage Of common pa.iance, that the
reiato'' may be classed as i negro j
shall proceed TO inquire into the
force ana effect Of the article invoked,
Tile distinction. between constitu,
tional provisions which are lr's self.act..
ing 81 operative BY their own virtue
and those whose enfoqrsc5eamn i,tt;s re.
quires auxiliary legislation, ~ is .
familiar '!a ll[aar 5one, and has been long
r reee9'gn,ilz BY all, our commentators
u VI, az constitutional law, by the rSq.
premer Court of,theo United States.
and, by the Supreme a Court, OF
Louisiana, j ,.ll 10 ssfes ia mar1 :
The distinction was, conspicuously
drawn blythe late Supreme Court in
the case of BeWle ys.sLott, a. Ann,
2l4g In that aseithessale4ef tract
of land was attacked on the ground
Of q, non compliance with the die.
tates of article 1872 Of the aconstitu-
ton of 1865, which expressly de-
mands that all lands sold In pursu-
once of DEGREES of court shall be d.
vided into tracts Of from ten to fifty
acres. Is The land III question had not
been so divided, and yet the sale
was held to be valid because the
constitutional imandate, not being
self-executing, andsrequi,ing for its
enforcement y auxiliafy Legislation
which the legislative department OF
the Government had failed to pro
vide, remained q mere imperative
al AZ str, vt % in the language Of Jus
ti 6 Hoy Howell, e general declaration
atd TO the legislative, depart
ment, announcing gsanew policy in
regard to the division Of land, and
leaving to the Legislature the task
and carrying thse, idea into into practical
execution s., 6n,,, .,,a a
Applying the principle iple and the
reasoning Of that case to the Issue
before Gus, We find chat article 135,
which Che relator inyokes, is d mere
general declaration addressed 'tottLe
department, announcing
a, w.policy IN regardito the idivis-
ion lot races, and leaving to the Leg
lsiature the'task OF, carrying. theidea
into. practical execution. .s's'i xeff 8
cit will not be pretended that the
policy"s proclaimed by article
4