The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1879-02-28
SEPARATE SCHOOLS.
A Decision by Judge Woods in n Case
Involving Questions Relating to
Public Educati0n.

FOOIAC E00COtlOns
United States Circuit Court, District
of I4ouisiana-Arnold Bertonneau VS..
the Board of Directors OF the City
Schools and others, in equity-Heard
on demurrer to the bill. The bill was
fled against the Board of Directors Of
City Schools of the City of New Orleans,
a corporation created by the State Of
Louisiana, VIM. o. Rogers, Chief Su-
perintendent of the Public Schools of
New Orleans, and George H. Gordon,
principal teacher of the school known
as the Fillmore School, In the Third
District of the city of New Orleans.
The complainant and all the defen-
dants were alleged to be citizens of the
State of Louisiana.
The bill averred in substance that
the complainant was a person of Afri-
can descent, the father OF two legiti-
mate male children, aged respectively
nine and seven years; that he resided
with his children at No. 367 North
Rampant street, in the city of New
Orleans, and was a property holder and
taxpayer in said city that the nearest
public school to complainant's place of
residence was on Bagatelle street, in
the Third District, distant about three
blocks that about November 13, 1877,
complainant applied to defendant, Cor
don, the principal teacher OF said
school, 10 admit the complainant's said
children rs pupils therein, which he
declined to do Oh the ground that they
were of African descent, and alleging
that his instructions from defendant,
VIM. o. Rogers, Chief Superintendent
of Public Schools, forbade him to re-
r,oSxyn r,1Ni1s1ras1 of fri k0
said school; that on July 3, 1877, the
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 per-
Torrance of its paramount duty, which
Is to give the best education possible
within the means at its disposal, to the
whole population, without regard to
race, color or previous condition, is
assured that this end can be best at
tanned by educating the different races
in separate schools therefore,
"Resolved, That the committee on
teachers, aided and assisted by the
Superintendent, be authorized and in
structed to take such steps during vaca-
ton as may be necessary to carry this
object into effect"
The bill claimed that this preamble
and resolution were in violation of the
second clause of section 1 of article ii
of the amendments to the constitution
of the United States, which declares
&C No State shall make or enforce any
law which shall abridge the privileges
or immunities of citizens of the United
States. n X Nor deny to any person
within its jurisdiction the equal protec-
0f la 10 If bot ,So:@
of the statutes of the United States
which declares that "any person who,
under color of any statute, ordinance,
regulation, custom, or usage of any
State or Territory, subjects to, or causes
tc be subjected, any citizen of the
United States, or other person within
the jurisdiction thereof, to the depriva-
ton of any rights, privileges, or immu-
mites secured by the constitution and
laws, shall be liable to the party in
jured in an action at law, suit in equity,
or other proper proceedi:.s ss for redress"
(Revised Statutes, section 1879
The bill further charged that the
said preamble and resolution were in
violation of article 135 of the constltu-
ton of the State of Louisiana, which
declares: ssThe General Assembly
shall establish at least one free public
SCHOOL III eHCu parish tnTOuSHOuC tNe
State, and shall provide for its support
by taxation or otherwise. All the
children OF this State between the ages
of six and twenty-one shall be admit
ted TO the public schools or other insti-
tutions of learning sustained or estab-
lished by the State in common without
distinction of race, color or previous
condition. There shall be no separate
schools or institutions of learning cstab
lished exclusively for any race by the
State OF louisiana
The bill further charged that said ac-
ton of the Board of Directors of the
City Schools and of the other defend
ants subjected the complainant to the
deprivation of his right as citizen OF
the United States and of the State OF
Louisiana, Of having his children
schoolcd and educated in and Mt said
public school, which was established
and sustained by the State of Louisiana,
and in which schoolabic children of
white parents were admitted and cdu-
Gated, and degraded him and his fami-
ly by the denial of their equality in the
public schools with children of other
citizens of the State.
The prayer Of the bill was for de-
cree declaring the preamble and resolu-
tion above recitcd, and the actions and