The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-25
PROTEST STATE LAW
Virginia Code Recognizes
0ne-fOurthN Negro as White.
PASSED BY "CARPET-BAGGERs'
People Hold TINT One Drop of Col
Ored Blood Makes NegrO-SOIu-
tiOn of the Problem to BE a state
Issue, and VIII BE Brought He
fore the Next Legislature.
al to The Washington Herald.

Special to The Washington Herald.
Richmond. Va, Feb. 2i-According to
the laws Of Virginia, any person having
negro blood in his veins. yet possessed Of
less than 0ne-fOurth of it, is recognized
under the statutes as a white man or
woman. The people generally hold that
one drop of negro blood makes a negro.
and the solution Of the problem bids fair
to become an issue IN this State In the
near future The Virginia legislative body
will assemble in this city next year. and
there seems scarcely any doubt but that
the existing situation VIII be brought to
the attention OF the members.
Recent objections raised by Mrs w. J.
Doss, Of Hurts. Pittsylvanla County.
against children infused with negro blood
being permitted TO attend white schools.
which complaints were made by letter to
Gov. Claude A. Swanson started the
comments among the people Of the State,
as we'll as inquiry into existing laws con-
corning miscegenatiOn and the intermar-
riage OF whites and blacks in Virginia.
The matter has been referred to the SUI
perintendent of schools for Pittsylvania
County.
II the alleged one-seventh Of negro
blood in these children is established, It
will not prevent their attendance upon
the school under the law. The law fixes
the limit at One-fourth or more Of negro
blood before a child can be called or
classed as a negro.
Enacted by "Carpet-bagGers."
Few people of the present generation
are aware that such a law exists. 1t was
enacted by a ''carpet-bagger" legislature
in 1866. and is not the representative voice
Of the people Of the present day. One
section Of the old law reads
"A woman whose father was white, and
whose great-grsndmother was Of brown
complexion. is not a negro in the sense
Of this statute
With reference further in the mater ths
following appears: "A marriage bet syeen
a white man and a woman who is of less
than one-fourth negro blood, even though
it be only one drop less. is legal a
woman whose father was white. and
whose mothers father was white, and
whose great-grandmOther was OF brown
complexion. is not negro in the sense
of this statute
The ''carpet-bagger" legislation may con-
hic; with the existing Jim crow" legisla-
ton. In fact. it has already caused a
rupture, the complainant claiming by his
mother 10 be negro. was proven by the
old law TO be a white man, and lost IN
the litigation. The case was tried in the
Circuit Court Of the late Judge Beverly
A. Hancock.
Negro Proven q white Man.
The complainant was an octoroon
While travelling by rail ne seated himself
in Sim crow" compartment. from
which he was ordered by the conductor
TO move into the white coach. The man
demurred, saying he was a negro. The
trainman insisted. saying that he 0he
passenger must either leave the coach
or be put Of the train. The man was
finally elected at a station. whereupon he
brought suit against the railroad He
lost his suit on the ground that not hav-
ing one-fourth negro blood in his veins
he was in the eyes of the laws of Vir-
ginia, a white man and not black man.
Abiding by this decision as a precedent.
and by the statutes OF the code as
fundamental law, there would. apparently.
be no such thing as a general enforce
ment Of the sim crow law in Virginia
Having so far sought in vain for any
Of these statutes. as set forth
and embodied in the code OF Virginia.
several inquiring lawyers Of this city are
to look into the future. They
hold that in spite Of the best laid
schemes to prevent the amalgamation of
the two races. such a law, practically
the inteTmaTTiage % the whites
and the blacks. will certainly endanger
the long existence Of the one or the
other