The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-20

iu,,on 81 the board OF directors Of the city
schools or IN the action Of the subordinate on
races - are treated precisely alike. White chill
dren and eolored children are. compelled TO at
tend different schools. That IL all. The State,
ws to o Bsy s to a mapSss
schools In the manner which In its judgment
will best promote the nteres. Of oil.
n aasste he as sa pe o. 'ha rs
establishes schools In which the children If dif
ferent sexes are educated apart. By such q
she s e@a are IL Easg " rs does
not Involve the necessity Of educating children
81 both sexes. or children without regard TO
Any classification which presumes substantially
equal school advantages does not Impair any
rights and is not prohibited BY The constitution
not necessarily imply Identity Of rights.
These views have been held by the Supreme
Court Of Ohio-in respect 10 q law under when
cOlored children were not admitted aa matlef
of right into The schools for white children.
state W. McCann ct ala 81 ohio State 1873 Bee
also State vs, DUFFY New, si2. aud People Vs.
the same doctrine IL held Fee also the able
eoncurring opinion Of Mr.. Justice Clifford In
Hall Va. De OUR. e5 u y. 4gi. a.,
ding the ntermarriage of white persons end
etsons Of African descent
L was held by Mr Ju ,b ,a Eyssne OF he
noxinus to the fourteenth amendment TO the
constitution.
Ex rel Hobbs and Johnson, ! Woods 49,. !.
The argument In support OF this decision IL
that the law applies with equal force to persons
q both races, Its prohibition npplies alike 70
BLACK ans While and ,he 9ena n b ri,
These authorities. 1t seems " me. July sus-
tain the views above announced By this court;
constitution IT the state Of Louisiana separate
schools for white and colored children ale pro
hibited, that the actions and doings Of the de-,
PENDANTS set out in the bill are In violation OF
he plaintiffs rights under, the constitution Of
the State, and IL a denial to plaintiff of the
equal protection Of the laws Of the state. end
that the board OF the city schools and the other
defendants In the bill. in this matter represent
the State that their acts are the acts OF the
81 ate and consequently that the clause Of the
fourteenth amendment to the constitution OF
the United States which declares No state
shall deny to any person with In its Jurisdiction
the equal protection OF the laws" apI lies to
whether the Board Of Directors Of the city
schools: Rogers. the chief superintendeni 81
Schools, and Gordon. the principal 81 the FIJI
represent the State OF Louisiana, 80 that their
acts are to be considered the acts Of the State 1t
Il unnecessary now to decide; n,honaeding ter
State does 1t follow that this court can take
cognizance Of their dolngs under that clause OF
Jf / am not in error In holding that the re-.
1ulring Of white and eolcred children 10 attend
sci arae schools. even when such schools are
supported NJ the puUllc tVH u0sS Hut ufpflNs
her class Of their equal rights, II would fol-
low hat as between citizens OF the same state.
This court has no jurisdiction Of the case pre-
scented by the bill
II am right In the view presented. the claim
81 complainant amounts to this, that this court,
without regard to the citizenship of the parties,
has authority to inquire into every violation OF
a State law or State constitution by the officers
III the State.
Thu court does not sit to supervise the con
duet Of State officers unless 1t impaira some
right granted by the constitution OF the United
States, Or unless the citizenship OF the parties
to the suit gives the court jurisdiction. Gene
rally we are authorized TO enforce or adminis-
ter or the State laws only when there is n con-
troversy between cit zens Of different States.
As the bill does not present the case Of an I'm
pairment Of right granted by the constitution
~ the United States, and M oil the parties TO 1t
are citizens OF the State Of Louisiana, 1t does
not present any CAGE Of which this court can
take Jurisdiction. The demurrer must there
fore be maintained.