The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-04-05

New York papers contain report OF
a judicial decision as to the rights of
colored applicants for admission to
public schools not specially set apart
for colored pupils. The decision was
rendered in the case of Theresa King,
the daughter of well-to-do colored cit
izen of Brooklyn, who was refused
admission to Public School No. 5 in
that city on the ground that the school
was set apart exclusively for white pu-
pills. The Board of Education sustained
the action of the principal Of the school,
and the father of the girl applied in the
City Court for mandamus to compel
the admission of his daughter into the
society of the white pupils. The fol-
lowing is an extract from Judge Neil
sons decision
The question presented on this applica-
ton for 4 mandamus is whether the Board
of Education of this city can legally refuse
10 receive a col0red girl of suitable age and
condition in a school set apart for white
children on the ground that schools have
been provided for colored children exclusive
". 1t appears that the father, citizen and
a taxpayer, not willing that his daughter
should attend the colOred school, made sew
eral applications to have her admitted to the
school where white children attended,
which were refused He therefore invokes
the aid of this court We think the writ of
mandamus should not be granted for the
following reasons:
In several weR considered cases in the
courts of this State and other States the pol
icy of having such separate schools has been
approved by careful attention given to the
objections involved. In the case of the
People ex rel. johnson VS.. Walsh, opinion
by Junge Gilbert, it was held that a colorad
child was not entitled to attend the school
set apart for white scholars, and manda-
mus was refused. The same doctrine, illus
trated by varied courses of reasoning, was
opplied in other cases (i0 Hon. Pr R., 249;
81 Ohio R., 29S; Am. R., 713; IL i'd,
4O5 and 73S; 13 Abb. Pr. R., n. 5, 159; in
Roberts in the City of Boston, 80 Mass. r.,
1887. Mr. Charles Sumner, of counsel,
stated truly that the courts of that State
had neveE admitted any discrimination
founded on color or race in the administra-
tion of the common schools, but had recog-
nized the equal rights of all the inhabitants.
The opinion in the case was delivered by
Chief Justice Shaw, who held that the gen
eral school committee of the city had power
to make provision for the instruction of
colored children in separate schools estab-
Iished for them and to prohibit their atten-
dance upon the other schools. In the sew
eraI cases to which We have referred the
courts recognize the authority of the State
TO delegate to school trustees or boards of
education the right to establish separate
schools and to provide for the instruction of
colored apart from white children. They
also dispose of the suggestion that such clas-
sifcation violates the fourteenth amend
ment of the constitution of the United
States. The exception to the power to ex-
clude colored children from the schools IN
tended for white arises when separate schools
for the former have not been provided. In
such case the exclusion would be denial
~ the right to acquire an education, and
thetssore contrary to the policy of the law.