The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-11-21
SrATIS OF THE NEGRO.
Decisions and Statutes GIN Southern
states Review Cd.


between blacks and whites was the question
before thu Supreme Court OF North Carolina
in suit to annul a marriage under the
statute providing that q marriage between
white person and person OF negro descent
10 tho third generation inclusive shall he
void. The court In hs decision in the case
Ferrall%s FerTali ss 4. T.. en-. holds that to
render n marriage void tho negro ancestor
OF the third generation mus, De OF pure
negro blood and not one " no has his status
AZ negro fixed and asosrtained by the
recognition and general consensus Of the
neighborhood where he lives
The statute IN question. which 10 part Of
section revised in 1905. headed Who May
Not Marry. applies either to a negro or
an indian To the third generation inclu ave
ana this or an enactment expressed in
similar terms has long been the statute law
OF the State governing questions Of that
character. and the courts have always held
that To bring the marriage within the pro-
hibited degree one of the ancestors OF the
generation named must have been Of pure
negro blood
The court said that in Hares case uis
" g.. 10 =. +. So. involving the right Of an
applicant 10 be admltte ed 10 I he " hite schools
the statute providing separate schools for
the two races AZ that time de fined the stat,s
OF q rightfnl applicant in terms exactly to
the ancestor OF the third generation whose
blood should determine the Issue must
nave been Of pure negro blood The court
said In that case that the words the third
generation Inclusive must be construed to
prohibit int.rmarriage Of whites with per-
sons who ar" not beyond the third genera
ton or in the fourth generation from tho
pur" negro ancestor.
Again in the state W Chayers j5ON c IN
involving the construction of a statute
defining free negroes as all free persons
ue~ehdeu from negro ancestors to the
iourth generation inclusive the cour.
approved charge that every person who
ma one sixteenth negro blood in his veins
was WI negro within the meaning Of the
statute and declared that no person can
cease to he negro unless he had reached
me Nt'h generation from mis- African ances-
tor similar principle Of construction has
been established by authoritative decisions
In Virginia and Alabama
The court says nothing IL found TO the
contrary except recent decision OF thu
supreme Court " the District OF Columbia
IN Isabel Wall vs. James Oyster ct al, a
case not yet reported which vas procured
Tor the North Carolina court by counsel
mat case involved tho construction of a
statute Of Congress providing for sepsrnt.
"nlts and coiOred schools In the District
and arose on mandamus PROCEEDINGS TO
'ohlpei the Board OF Education 10 enroll the
petitioner IN n white school the admission
being made that the petitioner had not legs
than one-siNt"enth negro blood The ap--
picatlon VAS denied chiefly on the ground
that Congress had not undertaken by en-
actn'cnt to define wha' rae. or what nor
ceh'as" or proportion OF racial blood shall
Characterize an ind Vidal as colore,i. m.
term. b"irg without Legislative. definition
IL l"i' To IN" import asrrbed to IL in the
common parian"e OF tn. people Apply
Ing TINS rule the court held tina, tn. an
plcah' must u" considered a colored child
"tthin the meaning Of the statute
h" North Carolina court SAYS that N tho
District Of Columbia d.Cison was in dir.c,
contTaven:ion OF tia. prtnyiplc obtaining in
that state IL would not Justify the court
IN departing from q llnr OF presidents
1"hs recognized a. authoritative ana con
troiIlng. hut 10 viii TIC noted that tn. lam
SEage OF the statUt. Is very general in itS
terms. white and 'colorrd' schools and or,
that very a""n'.nr IA" common parlance of
III" poop" was allowed to prevail and IN.
ca 40 therefore presents very different
Question from the on. We consider i'm con-
strung statute which defines status AZ n
person II negro or Indian blood to the third
generation incl sive -
The court adds
In This connection an IN tcrrstInr con,ncnai,,r,
of the laws Of the Southern state. on this suh,sr,
was iurnishri as By defendants counsel, show
ING tnAt Vie -four states Of ii&bGma. Tennessee
Mary land an! y nrth Carolina make subs ian tiaIy
tho same provision with reference to these mar
riAgrs. and that al OF them have rrkulatiors n,
the subject In terms equally SpcrInc and definite
IN view ihe7 81 these decisions % o:r own courts
20 winch TcicTencc has been naie. ard the very
dennlir language OF our statue we may no, AID
prove the position earnestly Insisted upon by the
piaiHui = counsel. that the negro ancestor who's.
blood must eicrTnine the Issue should he con
SACRED not person OF pure negro blood but one
Wh" ha> Ms position a. a negro ascrrianed and
a~ed hy the general consensus Of the community
WhrTr rs lot il cast such q position ignores
the Ordinary ard Usual acrrp tauon OF the word,
81 nrREo de~-crt - the ta:Td generation Inciu-
sNc. Is contrary io Inny Inc o? authoritative
IEercu-nS Ald ~ further ob lection bic n setting
np n NaEi iUg ana uncertain ,tan1ar! by which la
determine = most I'm 3Ortant legislative require
mcn la the civic AaG social pOH'y u the Common
wealth.
We arc con9r- 81 in this yl~v by the fact That
IA, sulHc end"tTru; g to negroes long en- bodice,
ia our ,atair law. and with III, rcpcnt-, and well
known construction BY toe couri. was sft.rwari
transferred without any change Whatever Into
the con i'-JiOn u the Stat" AMI l. now n part Of
our oESsuic law Er action Of our ColstltuuInaI /
coaFenuon IN ifuN adopting public statute Of
accepted construction aIl In a subject Of mOY1ien-
tous Interest. aa making the In It's entirety
evidence tnat the words were Intended tn bear !
heir established meaning. and GA this subject :
should prev ali a. inc law OF the land.
The Hnrrrrd Lac Rrricr IN commenting
on this decision refers to recent decision
by the Supreme curt OF Louisiana. where,
IN state W Treadway t52 80 500. LAD the .
court ruled that oc-orOon or person
having on"-eiRhth negro blood ~ not n .
person Of the negro race within the terms
of the statute making concubinag. be-
tween a person of The Caucasian or white
race and person Of this negro or black |
race. fcloay.
The L0r RSri.r -1ys that mos; Of the
statutory definitions Of tho word negro
ar. broad enough TO include an octoroou.
~ IN tn. statutes OF Florida and Alabama,
bur whenever the question has been con-
-d"red by the courts Independently of
statutory definitions they have been In
accord with the principal case De ~ -
state. IS Ala. 52O, Monroe ~ Collins ~
oh. st. Uo5' statutes of other states
" here there - no arbitrary definition Of the
word negro" invariably add or muIatto.
or person ~ Desro descent TO the third Il
inn SIN In A.