The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-12-05
Racial Status That of Col
OTed Person, Rules Dis
trict'S Highest Tribunal.
CANNOT ATTEND
WHITE SCHOOLS
Case Probably Viii Be Taken TO
United States Supreme
Court.

Holding that eight-year-old Isabel
Wall. who has One-sixteenJh negro
blood in her veins. is not entitled 20
admission 10 the BroOkland Public
School, Chief Justice Shepard. Of the
District Court OF Appeals, today fixed
the racial status for school children
within the District o. Columbia.
The court virtually held that any
child that has any appreciabIe mixture
Of negro blood. regardless Of the pro-
portion, Is a ~cOIored person
Isabel Wall was refused admittauce
to the BrOOkland public school on the
ground that she was negro, IL hav-
ing been asserted she had one-six-eenth
negro blood in her veins. This action
on the part OF the principal was upheld
by Superintendent Of Schools Stuart,
whose opinion in turn was affirmed by
the Board Of Education by vote Of s
10 5 Then an application was made
BY stephen Wall, an emplOye OF the
government Printing Office and the
ta-her OF the enid, for a writ Of man
damus To compel the school board 10
admit his daughter 70 the BroOkIand
school Justice Wright dismissed the
Dill and an appeal was taken
Justice Wright Affirmed
The effect Of the opinion today was
to affirm the action Of Justice Wright.
It is understood that the case viii be
carried to the Supreme Court Of the
United States
In appealing 10 the upper court the at
torneys for the child's parents attacked
the act Of Congress providing for sep
arare schools for white and cOlored
children They also argued that II the
act IS valid the child is not ''colOred.
Congress having failed 10 define the
meaning Of the word 'coloTed, says
a ~Ts1l vii y
oevolVed5 in the first instance, at least,
upOn the BOARD Of Education 10 deter
mine yhat children are white and what
are CCIored whenever that question
arises IN a particular case
In the absence OF a definition IN our
own statute We are compelled 10 as
certain the popular meaning OF the
WofO -cClCTed- As early as $50 M
Justice Story declared that the word
hao acquired definite meaning as mulat-
10, negro. etc, though II was not nee
essary in the case before him to express
more definitely what the meaning was
Position Of Petitioners.
The petitioners Contended that the
word 'coIored' must be given its com
mon or popular significance Negro
physical characteristic and negro blood
must combine in one 10 render her
coloredT the petition read
Regarding this contention, Chief Jus
tiCe Shepard says
1T must be remembered that the
learned trial justice had found that
there was 10 be observed Of tie child
physical characteristics, which Afforded
ocular evidence suggestive OF aught
save the Caucasian. He declined, how
ever, 10 accept this delusive test OF
race and based his conclusion that the
petitioner is 'cOiOred' upon the fact that
she has a proportion Of negro blood
not more than One-eiEhth, and not less
than one-sixteenth-"
IN ending his opinion Chief Justice
Shepard says
1T IS urged that a hardship viii be
inflicted upon the petitioner, a COnclu-
sion at whiCl we have arrived. 1t may
BE- however, that greater evils would
result from a different one Be that
as it may. our province Is to interpret
the legislation. not 10 enact 1t