The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1910-12-15
RACIAL STATUS FIXED.
Supreme Court of District Of CoIum.
bia Renders important Decision
Barring Children OF Negros From
Schools of Whites-Sepsration of
Races North as Wen as South.


Schools of Whites-Sepsratlon of
Races North as Well as South.
Washington. Dec. 6.-Holding that
eight-year-cid Isabel Wall, who has
one-sixteenth negro blood In her
veins is not entitled to admission to
the Brookland public school, Chief
Justice Shepard. OF the District Court
OF Appeals has fixed the racialstatus
for school children within the Dis
trict OF Columbia.
The court virtually held that any
child that has any appreciable mix
ture OF negro blood, regardless ofthe
proportion ia ''colored person.
Isabel Wall WAS refused admit
tance to the Brookland public school
on the ground that she was a negro,
it having been asserted she had one
sixteenth negro blood in her veins.
This action on the part OF the
principal was upheld by Superintend-
ent OF schools Stuart, whose opinion
in turn was affirmed by the board OF
education by a vote of 8 to 5. Then
an application was made by Stephen
Wall. an employe OF the Government
printing Office and the father OF the
child. for q writ mandamus to COM
pei the school board to admit his
daughter to the Brookland school.
Justice Wright dismissed the bill and
an appeal was taken.
The effect of the opinion was to af-
firm the action of Justice Wright. 1t
is understood that the case will be
carried to the Supreme court of the
United States.
In appealing to the upper court the
attorneys for the child's parents at
tack the act OF Congress providing
for separate schools for white and
colored children. They also argued
that il the act is valid the child is not
"colored."
Congress having failed to define
the meaning OF the word 'colored, I"
says the opinion, "the duty was
necessarily devolved in the first in
stance, at least, upon the board of
education to determine what children
are white and what are 'colored'
whenever the question arises in a
peculiar case
"In the absence OF definition In
our own statute we are compelled to
ascertain the popular meaning OF the
word colored. AS early as 1920 Mr..
Justice Story declared that the word
had acquired definite meaning as
mulatto, negro, etc, though it was
not necessary in the case before him
to express more definitely what the
meaning was"
/ The petitioners contended that the
| word "colored" must be given its com.
mon or popular significance. "Negro
physical characteristics and negro
blood must combine in one to render
her "colored" the petition read.
Regarding the contention, Chic
Justice Shepard says:
"It must be remembered that the
learned trial justice had found that
there was to be observed in the child
physical characteristics, which al
forded ocular evidence suggestive o.
aught save the Caucasian. "He de-
clined, however, to accept this de-
lusive test of race, and based his con
clusion that the petitioner is "col
ored" upon the fact that she has q
proportion Of negro blood, not more
1 than one-eighth, and not less than
one-sixteenth.
In ending his opinion Chief Justice
Shepard says:
ut is urged that a hardship will
be inflicted upon the petitioner, q
i conclusion at which we have arrived
1t may be, however, that greater evils
would result from a different one
Be that as it may, our province is tc
interpret the legislation, not to en-.
act it,"