Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-10-31
uER COLOR TIE BAR.
She Can't Make school Trustees ~
roint Ter.
GNcw York SUM

Tho auplication OF susan El4"d"0''
Frazier tcoioredD for a nlandamus TO com
rel tho trustees OF the Twenty-Secon"
Ward 10 assign her to a vacancy 10 teach
in Grammar School % was denied aitei
arelmen; ny Justice Barrett, OF the ~
,,,apa Cont. The trustees are Or. 10
s.nh II. Bvine. Hanford Crawford DT.
lanes REGAIN. Jacques ii. Herts. ana
nichard S Jreacy. Susan Elizabeth wa
graduated from the Normal College IL
lune. 1851: she ayerred that on octo-
her eth last she received the iolloWlhs
letter from Principal +. ". James, OF
Grammar School IS, in west Fifty-second
street in answer 10 request for an APP
r1intment to teach in that school:
Please call here as soon as pOsslpie WIN
reference 20 vacancy IN TINS depart
mcnt .
she saws she called and saw Mr.. James
vino told her that he had sent for her
AS she lived conveniently near The school
She AYERS further:
"he said he did not know that she
was a colored woman, ana that' II NJ
had known that she was coioreu, ne
would not have put deponent 10 me
trouble Of calling at the school; that IL
j. unfortunate. but the prejudice Is such
that ne could not introduce deponent mo
the school. Deponent thereupon ASKED
for A trial. but said principal refused,
saving that he would not like TO make
the tfial, though he had been authorized
/ by the trustees TO select teacher. a.
they were VelN' busy at the time. but that
: r., could not think Cf selecting her, on
, account Of her color. and he further said
! mat the colored people should send their
/ children TO the colored schools IN ORDER
70 give a chance 10 the colored YounS
women TO teach
She thereupon called on Trustee Herts'
who referred her TO Trustee Crawford.
who. he said. had the power Of appoint
ing teachers in that school. Mr.. CrdW-
ford. she declares, told her that her color
barred her. and that. If she was ap-
I uointed some of the children might leave.
. and he would be in an awkward posi-
. ton She says she then went 10 Trustee
. Treacy. who told her that she could get
| appointed only TO Grammar School ".
which il attended exclusively by coiored
| children. Mr.. T.eacy said he had sym
patty for her
T. NlcCants Stewart, who appeared FOR
her, said that she was on the eligible list,
and had acquired a vested right 10 the
v1cancv Of which she could not BE- de-
uriycd on account Of her color. The trus-
fees had no right tC IKE rules that con-
nic;cd with the statutes Of the state for
bidding distinctions on account Of color.
Acknowledgements Counsel Dean. in
behalf Of the trustees, disclaimed any pre-
iudice against her on account OF her color
lie said that the trustees were vested
with q discretionary power as TO whom
they should appoint, and that their dis
creiion was not renewable. He also made
the point that her application had never
been presented 10 the trustees as q
| board
Justice Barrett said that the trustees
were vested with the absolute power OF
appointment so long as they acted within
he ELIGIBLE list. and that the Court could
not say whom they should appoint from
that list Unless the Legislature passed
an act giving coored people preference
as is given 10 veterans of the war, suci
a motion could not prevail. If colorec
woman were the only person on the eli
cible list and the trustees refused 10 ap
point her on account of her color, ther
the Court would interfere la her behal
promptly. When the trustees exercise
their Judgment the Court could not over
rule them except 10 direct them not 4
act upon improper or Illegal consideration
of the facts. Susan Elizabeth havIni
,ualified herself for the eligible list. tool
her chances with all others on the list
While she might not have as good
chance as the others on account OF IN
prejudice against her color. that was
cater TO b. regretted. but the Court ha
no power To direct the trustees 70 se.ec
her TO the exclusion of others. II n
trustees had acted from evil motives. o
,ihor improper reasons. then her remed
| was TO seek their removal from Office 0
AXE action against them personally. bu
| the Court could not assist her by man
| dannus 10 compel them 10 appoint her.