The evening times., 1900-01-10
CoLoRED SCHOOL PUPILS.
An Interesting Case in "a New York
Seurt

ALBANY. Jan. 10.-A case of much inter
est to the people OF this State. especially
to the colcred citizens is before the court
Of appeals. Il was the suit Of Elizabeth
Cisco against the school board OF The bor-
Cugh OF Queens. New York city.
Mrs Ciscos children were sent TO the
common or public schools in that borough,
but admittance was refused them on ac-
count Of their color. and they were ordered
to the separate colored school She re-
fused to send them there. and in doing so
she followed the plan adopted by her
husband before his death.
Mir Cisco was twice lried before a jury
and acquitted each time on the charge of
violating the compulsory education act. be
cause he refused TO send his children to
the colored schools when admittance was
denied them to the white school. After
he died his wife was arrested for the same
offence, but was never brought to t. ial.
She applied to the supreme court for
mandamus to compel the board to receive
her children in the common schools.
At special term her motion was denied.
| the justice stating that he was bound by
The decision OF the court OF Appeals in
King against Gallagher in 1883. From this
Mrs. Cisco appealed, but the special terms
decision was affirmed by the appellate di-
vision, second department She then ap-
pealed TO the highest court in the State,
which must now decide whether or not the
color line can be enforced in public insti-
! tutions
Former Assemblyman Wallace. of the
| law firm of Wallace G. Smith of Jamaica.
| has appeared for Mrs. Cisco throughout:
Assistant Corporation Counsel Carr ap
! peared in opposition. MIR. Wallace asked
/ the court to reverse its Lewiston of 1883.
| He contended that there was great doubt
even at that time. and only four members
Of the court Joined in the decision One
! Of these, Judge Earl. joined five years
! later in an opinion in another case ex-
pressing contrary views.
Mr. Wallace contended that section $50
Of the Penal Code had never been passed
upon by the court of appeals until after
/ the decision of 1889, when ii was fully sus-
/ tanned by the highest court. This section
| makes il a misdemeanor to KEEP children
/ cut of any school on account OF color. He
also contended that the Compulsory Edu-
cation act OF 1894 was absolutely incom-
patible with the ccicr distinction in
/ schools.
He also contended that any color dis
| tinction had been specifically prohibited
] for years past in schools Of New York city
4 where colored schools were permitted, but
| thew must be open to all without regard
| to race or color. As the borough of
Queens has been taken into New York city
Mr. Wallace contended that this clause
| governs its schools as we'll as all the other
schools of the city. He further showed
that all the legislation relating to colored
people since 1883 had manifested the IN
tention of the legislature and of the peo-
4 pie Of this State to wipe out color distinc-
/ ton, and the court of appeals now had
! the opportunity to explain TO the world
that the last vestige of enforced color dis
| tinction had been wiped out of the civili-
cation Of the Empire state.