The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-12-31
this earthly world, where to do harm is
often laudable, to do good sometimes &C.
counted dangerous folly"
' Most truly,

this earthly word, Wnere 10 W nAIm ~
often laudable, to do good sometimes &C.
counted dangerous folly"
y Most truly,
JOHN BRASSoN.
The case referred to by Judge Brannon
was decided in 1874, and was that Of a
boy in Barbour county of only oue.eighth
Tor less) negro blood-a boy, who, in
other words, was seven.eighths white
who had been excluded from school for
white children because Of his one.eighth
negro blood, and who sued for vindica-
ton Of bis right to attend the school from
which he had been excluded. 1tdoes mot
appear that the boy bad over one
sixteenth OF negro blood in himi-in TACT,
It is alleged in one count that he had not
even that amount, and the allegs.
ton does not seem to have been
denied on behalf OF the trustees who ex.
cluded him. Itisalluded to as II admitted
in the Judges opinion, and his decision
assumes that any amount Of negro blood,
however infnitessimal, corrupted the
whole OF his blood so far as school priv.
liges were concerned. He quoted the Sth
section OF the 18th article Of the West
Virginia Constitution, which declares that
"white and colored children shall not be
taught in the same schools" and he
held that any person Of mixed
blood, however email in degree, came
under the head Of colored children,
and as such were excluded from
schools Tor white children. He held that
while colored children had right to
school privileges, yet their privileges must
come under the law Of the State, which
provides only for colored schools in such
sub .distticts as have only 25 colored chill
dren OF school age. This meant, OF course,
that boy OF even one.sixteenth African
blood could not be educated at school
for white children, even II there was 10
school for colored children in his district,
and it dOee not appear that there was any
such school in this boys district.
It was held that the Fourteenth Amend
ment to the Constitution OF the United
States which provides that mo State shall
make or enforce any laws which shall
abridge the privileges or immunities Of
citizens II the United Statesr nor deny to
any persons within It's limits the equal
protection OF the law" was not intended to
reach this case, inasmuch as the rights re-
ierred 10 were well understood 10 be iunda.
mental rights, aud not those that descend
ed to the minutia Of civilized life, such
as classification in schools. II it was,
then the Judge argued, the laws prohibit.
| ing the intern marriage Of races would be
invalid.
Upon the whole, after reviewing the
full text Of Judge Brannon's decision in a
copy OF the Phillippi Plaindeater OF 1S74,w
are free 10 say that we do not see that the
recollections Of the Parkersburg journal in
regard to II are sustained. The fact that
our West Virginia law exists in substance
In several OF tie Northern States, and
has been sustained by decisions OF the
Courts, certainly relieves his decision
from any charge OF exceptionalism or
uniairness. A case somewhat similar 10
the Barbour county case arose in Belmont
county, o., some three or four years age, and
1t was decided that when the law had
been complied with in the matter OF pro.
yiding separate schools colored bow
could not be sent to the white school
against the will OF the trustees.
There Is, however, broad distinction
between our case and the Ohio case, IS
we understand the lstter-viz-that where
there is no colored school the child shall
not be excluded from the white school, and
We doubt whether Judge Brannon has
correctly interpreted the scope OF the
Fourteenth Amendment in such case.
1t does not appear from his opinion that
this point was raised by the plaintiff, but
II IL uhu ueeut ANU Ahu peeu Saiileu W.
we do not feel convinced that the United
States Supreme Court would not have held
that colored children are entitled to the
"equal protection OF the laws" in the matter
OF education, and cannot 40 a.class be de-
prived oil education simply because the
State in which they live has neglected to
make suitable provision for them.
As to the particular case passed upon by
the Judge, he was no doubt correct in his
decision that the boy being OF mixed
blood came under the scope Of section Sth
Of article 18th OF our Constitution. The
fault was not in the decision, but in the
neglect Of the law TO draw some line
OF distinction between the various
degrees OF mixed blood. He had no
alternative but 10 decide that all persons
who were not OF pure white blood were
colored. His decision, therefore, under
the West Virginia Constitution, may be
accepted as correct, whatever we may
think oil his "obiter dietu,n" in regard to the
true Interpretation Of tho Fourteenth
amendment to the Constitution Of the
TY...n1 Stutno