Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-01-10

suit against the company.
The complaint alleged that the railroad
company, as a common carrier, undertook
to carry certain merchandise for the plain
tiffs from Milwaukee to San Francisco at
the rate of freight charged TO other favored
merchants; that at this rate the total
amount earned by the railroad company Of
plaintiffs was $l4 ,562 CO. but that the COM
pany extorted the sum of SIC, $50 70. Also,
that the company undertook upon the same
terms to carry certain goods from New
York to this city, and was guilty of like
extortion. Also that the company, by its
delay in transit, greatly damaged the plain
tifs
The company answered that the Court
had no jurisdiction, because, to pass on the
issues raised, it would have to construe and
pass upon the validity of a certain Act of
Congress, and because the regulation of
fares and freights over the companys road
was, by said Act of Congress, expressly re-
served to the Federal Government.
The plaintiffs demurred to this answer
on the ground that the facts stated did not
constitute a defense.
Judge Mcguire sustained this demurrer
He said 'This Court has an undoubted
right. in controversies between citizens of
This State involving the construction of
Federal statutes to hear and determine the
same, unless, upon proper application, the
cause be removed to q Federal Court. 1t is
of no importance that the defense relied
upon involves the cOnStitutiOnality of an
Act of the Legislature which is claimed to
be in conflict with the Federal Constitution
and Federal statutes. This Court has CO.
ordinate jurisdiction over all such questions
with the United States Circuit Court, sub
iect however, 10 the right OF removal OF the
cause. But party waving his right OF
removal submits 10 the jurisdiction of the
State Court The principal cause of action
of the plaintiff seems to be based upon
contract executed between citizens of this
State, in which case this Court must have
exclusive jurisdiction, unless the contract
is in conflict with the Federal Constitution.
In either view of the subject-matter of this
action the defense of want of jurisdiction is
insufficient, and does not state facts suffi-
Gent to constitute. defense The trial Of
this cause will in no manner affect the reg
ulation OF freights or fares on the defend
ants road
Important Decision in Regard to Chinese
in our Schools.
SAN Francisco, January 9th.-Judge
Mcguire to-day decided the case of Mamie
Tape vs.. Miss Jennie NJ 4. Hurley ct al.
The plaintiff is a Chinese girl, 10 Years of
age, and sues by her guardian ad litem,
who is her father and who also bears
Christian name The principal defendant
is Principal of the Spring Valley Public
School, who refused to receive the Chinese
girl as a pupil. With her are joined as de-
PENDANTS the Superintendent of Public
Schools and the Board of Education The
defendants raised a number of interesting
points which Judge Mcguire discussed at
length. Having disposed of all these adj
Versely he addressed himself very elabor-
atelv to the essence of the question. He
held that the fourteenth amendment to the
Federal Constitution secures equal pT0tec-
ton, rights and privileges Of every nature
to all persons born within the United
States and subject to their jurisdiction. Our
Legislature has enacted thai all children
within the State shall have equal facilities
for education, so far as regards the right to
attend the public schools. To deny a
child, born Of Chinese parents in
this State, entrance to the public
schools would be a violation of the law
of this State and the Constitution of the
United States 1t would, however, be un-
Just TO levy forced tax upon Chinese resi-
dents to help maintain our schools and
vet prohibit their children born here from
education in those schools. Ignorance is a
prolific source of crime, and the interest OF
the State demands that the school facilities
should be open and free to all. 4 decision
10 this effect would not open our public
schools to the slums of the Chinese quarter
The Board of Education have ample power
to keep out all children who are bighted
by filth, infection or contagion, or who are
daily brought in contact with pollution OF
any kind. But any such objection must
be personal to any particular child so barred
ont IN * orr In
the case at bar 1t is admitted that the child
is healthy and OF clearly habits, and OF
healthy and clearly surroundings, and her
application for admission as a pupil in the
Spring Valley school is proper and lawful,
and must he granted. The Judge added
that if evil results followed this decision it
was not the fault of the judiciary. The
Legislature possessed the power to provide
separate schools for distinct races, and our
Supreme Court had SO decided.
When the reading Of the opinion was
concluded Isid9r DanielwitZ arose and said
that he was not a member OF the Board Of
Education at present, but he had been
when this case was instituted. He desired
10 remind the Court that under the present
rules of the Board OF Education, if Miss
Hurley should admit the Chinese girl to
her school. she would be summarily dis
missed from her position.
Judgc Nfaglire responded that in that
event The nenlbers of the Board of Educa-
tioD would be sDnn,oriIv puui.bed for
,,,rarnpt
F,,,,tol for rho ,-1,;,o.a s.i4 h., mould
not press matters to any unnleasantness
The decision was all he desired at present.
It was said by counsel that an opportunity
Would be gwen Tor carrying the question 10
inc - supreme CoIt OF eise give me b9ara
OF faItali9h an oIporlUllll!y 70 amend us
present Iu'gS anu IesI'"1leuS pJ!oIe pre-