The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-20
THE SCHOOL QUESTION AGAIN.
Judge Billings Decision ON the Mixture
Of Races In cur ACheaIs.


Yesterday Judge Billings read the following
decision.
United States Circuit Court. District Of lou
isisna-Arnold Bartonneau w. the Board Of
Directors Of the City Schools, and others, In
euulty-Heard on demurrer to the bill The
bill was filed against the board Of directors OF
city schools of the city Of New Or cans, cor
poration created b, the State Of Louisiana,
public schools If New Orleans, and George II.
Gordon PRINCIPAL teacher Gf the school known
~ the Fillmore School In the Third District of
The complainant and all the defendants we're
alleged to be- cit5 .ns Of the State Of Louisiana.
The bill averred in substance that the com
plainant was a pereon Of African descent, the
father OF two legitimate male children, aeed
| respectively nine and seven years that be re-
part street, In the city Of New Orleans. aud was
propelt ~ holder and taxpayer In said city.
That, the nearest public school to complain
| ants place Of residence was on Hagatelle street,
Ia the Third District distant about three
blocks that about November -, 1871 complain.
ant applied to defendant. Gordon, the principal
TEACHER Of aad school, to admit the cent lain-
| ants said children az pupils therein. which he
declined to do. on the ground bat they were OF
tions from defendant William Q. r gers, Chief
Superintendent " Pubic Schools tolb ide him
to receive children Of African descent into said
achool that on July ., 1877. tho Defendants. the
board OF directors Of city schools. adopted and
published a. preamble and resolution In the fol-
lowing words.
Whereas, this board, IN the performance of
its paramount duty, which Is TO give the beet
education possible within the means ut its dis.
posal 10 the whole population, Without regard
to race color or previous condition, ia assured
that this end can be best attained by educating
the different races In separate schools; there
Resolred That tho committee on teachers.
aided and a. sisted by the Superintendent, be-
authorized aud instructed to take such steps
during vacation ~ may be necessary TO carry
this object into effect.
The bill claimed that this preamble and reso-
luton were In violation OF the second clause OF
section Of article IA If the. amendments to the
constiu ion of the United y ates, which do
cares no ~ ate shall make Or enforce any law
which shall abridge the privileges or mmunt-
ties of citizens of the United States. Nor
deny to any person within ttR Jurisdiction the
equal ri. election of the laws. aud OF that pro.
vision Of the statutes Of the United States
which declares that ANY person who. un Ier
color of any statute ordinance, regulation,
custom or usage Of any state or Territory, sub
jects TO- or causes to be subjected any citizen
of the United States or o'her person within the
Jurisdiction thereof. to the deprivation # any
rights, privileges OF immunttiee secured by the
constitution and laws, shall be liable to the par
ty Injured Ia an action ut law. suit In equity or
other proper proceedings Tor redress Use
The bill further charged that the said pream-
BILE and resolution We're in violation Of article
1876 Of the constitution Of the state of Louisiana
which declares: THE General Assembly shall
establish at least one free public school IN each
parish throughout the state, and shall provide
| for its support by taxation or otherwise. All the
children OF this state between the ages NJ ak and
| twenty one shall be admitted to the public
schools or other, institutions Of learning sus-
tntned or estab he'd by the State in common,
without distinction of race, color or previous
| condition There shall be no separate schools
or institutions Of learning established exGlu-
siyey for any ra 9 by the state of Louisiana
The bill further charged that eaid action Of he
board of directors Of the city schools and OF the
| other defendants subjected the complainant to
| the deprivation If bis right Hs u 81 izen of the
| United States and OF the state of Louisiana OF
having his children schooled and educated In
| which a q
and sustain by the State CT Louisiana and in
which schoolablc children Of white parents were
admitted and educated. and degraded him and
his family by the denial Of their equality In the
pubic schools with children Of other citizens OF
the State.
claring the preamble d resolution above re-
cited and the actions end doings of said defen-
dants above set forth, to be IN violation of the
| constitution and laws of the United States. and
| that said defendants be eUJoined and prohibited
from enforcing said preamble and resolution,
| or any other ord nance to the same effect. AID
| that d. PENDANTS be required 70 admit the said
| children of complainant to SAID public school
| or any other Iublic school sustai ed or estab-
/ li4hed by aud under the constitution and laws
| OF the State OF Louisiana as pupils. to be edu-
| Gated therein Just as the children Of white pa
rents are admitted and educated therein.
| To this bill the defendants filed demurrer on
| the ground that contained no matter Of equity
whereof the court could take Jurisdietion under
| the constitution and laws OF the United States,
| or wlereon the court could ground any decree
| or give complainant any relief against the de-
| PENDANTS.
Mr.. John Ray for complainant.
| mir. Edgar FarI ar, Assistant City Attorney. for
| defendants.
WOODS. Circuit JudRe-There is no complaint
in the bill that complainants children are ex
| cuded from the public schools OF the State On
| account of their race and color or for any other
| reason. Nor is there any averment that the
| public schools which are open to mpainants
| children are in any respect whatever inferior
| to the schools where the children Of the white
| race are educated.
The grievance. and the sole grievance, set out
in the bill is that com planant's children. being
of African descent, are not allowed to attend the
same public schools as those in which children
OF white parents are educated
l. this a deprivation OF right granted by the
constitution of the United States2 The com
piainant says that the action OF the defendants
deprives him and his children of the equal pro-
lection of the laws, and therefore impairs q
right granted to him and them by the fourteenth
Stat 8.
Is there any denial of equal rights In the reso