The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-06-07
Complexion Has Nothing to
Do With the Term, Col
ored," Judge Holds.
CHILD is BARRED
FROM WHITE SCHOOL
Decision Establishes a Precedent
Which Fixes the Legal Status
of African Descendants.

uioou makes a culLQ negro IN the DIS
tTict Of Columbia.
Because Justice Dan Thew Wright, Of
the Dis ict Supreme Court, so decided
this morning. Isabel 7. WaH, the seven
year-old daughter Of Stephen Wall. tho
proprietor OF a negro pool room, viii
not be allowed 10 enter the white
schools of tine District. Wall will ap-
peal from the decision
The decision is even more far-reach-
ing than in its effect on the settlement
OF the question Of the wall chllds ad-
mission 90 schools. for IL establishes a
precedent by which may be determined
,he more important question of what
proportion of negro blood makes ne
gre in Washington.
In handing down his opinion Justice
Wright said;
1t IS TO be concluded that the child
is Of negro blood Of one-eighth or one
sixteenth; that her racial status is
that of a negro. She is therefore col
ored according to the common mean
ing Of the term and the application for
writ Of mandamus against the Board
Of Education must be denied"
History Of Case.
The fight 20 relnstate Isabel wan in
the Brookland school, following her
withdrawal from that institution on
the grounds that she was a negro child,
has been one OF long duration When
Miss Lyttle. the principal. last Septem-
Der requested the parents 10 withdraw
the child. the matter was Immediately
/ taken TO superintendent Stuart Of the
District schools Mr. Stuart sustained
the principal and then the matter went
! before the Board OF Education who
without deciding the racial status OF
the child, sustained the superintendent.
Stephen Wall. the child's father. then
retained Attorney John Ridout and AIr
Z RidOUt fled a petition for a writ Of
manda mus 10 compel the Board Of Edu-
cation TO admit Isabel Wall into the
Z ing before Justice Wright he decided
that the Board Of Education would first
nave 20 fix the status Of the child. and
after q stormy session lasting nearly
thirteen hours. about two weeks ago
the board. by a vote OF 10 I. decided
! that "for school DurDoses' the Wall
child was a negro.
Back came the case before Justice
/ Nricht. the Board o. Education's stand
being defended by StauntOn c PeeUa
Assistant District Attorney The deci-
! sion Of today is the result
Looks as If White.
There is no physical Characteristic
/ Of the chile which afforded ocular evil
/ dence suggestive Of aUght but Cauca-
/ sian race" declared Justice Wright
{ Her father. while OF light complexion,
presents TO the eve. racial characterist-
/ les which identify him OF negro blood:
/ her mother formerly wife 10 2 Mon
goliar. is taken 20 be white
The child's proportion Of negro blood
/ Is one-eighth or one-sixteenth, the latter
conceded, the former claimed with sup
( port OF evidence. In the judgement Of
the court. the difference can have no
effect in the outcome of this proceeding
/ Graduauons Of shading toward black. OF
/ graduation of shading toward fairness
are of very insignificant concern in de
teTmining whether one is 'colOred.'
The child at bar has clearly no racial
status personal TO itself; it's status OF
necessity is that OF its father; his, and
I that of his paternal ancestry has, and is
Z conceded, been always that OF negor,
/ he has thus been commonly known and
identified, his business, 10 the extent
/ proven, proprietor Of negro pool room,
conforming
Definition of Colored.
I Although providing for separate
white and cOIored schools, Congress mas
( by no enactment undertaken to define
what race or what percentage or pro-
I portion Of racial blood shall charac-
terize an individual as 'colored; there
/ fore the term being without legislative
| definition. is left to the import ascribed
/ to It in the common parlance of the
: people There is TO be examined
whether in the week day speech of the
people the word 'colOred' has signifi-
cance which should include this child.
! Actual color seems 10 the public 10
be important only as one Of the several
Eevidences which If sufficiently pro-
uounced. serve TO identify the subjec'
1 as Of the negro race; and this consid-
/ Grafton, that is to say the consideration
i OF racial status seems to my mind 10
! measure an ultimate conception 20
which the mind Of the people has ar
1 rived.
Persons of whatever complexion. who
( bear the negro blood in whatever de-
/ gree, and who abide in the racial status
of the negro, are 'colOred' in the COM
mon estimation Of the people"