The Washington bee., 1910-12-10
JUSTICE SHEPARD FINDS WALL
GIRL RANKS AS NEGRO.

Racial Status That of "Colored Per-
son." Rules Districts Highest Trib-
unal Cannot Attend White
Schools-Case Probably Will Be
Taken to United States Supreme
Court.
Holding that eight-year-old 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, Monday
fixed the racial status for school chill
dren within the District of Columbia
The court virtually held that any
child that has any appreciable mixture
of negro blood, regardless of the pro-
portion, is a "colored person"
Isabel Wall was refused admittance
to the Brookland public school on the
ground that she was negro, it having
been asserted she had one-sixteenth
negro blood in her veins. This action
on the part of the principal was up
held by Superintendent of Schools
Stuart, whose opinion in turn was af-
firmed by the Board of Education by
vote of to 5. Then an application
was made by Stephen Wall, an en-
ploye of the Government Printing Of
/ fee and the father of the child, for a
writ of mandamus to compel the
School Board to admit his daughter 10
the Brookland school. Justice Wright
dismissed the bill, and an appeal was
taken.
Justice Wright Affirmed.
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
! tackled the act of Congress providing
| for separate schools for white and
colored children. They also argued
that if the act is valid the child is not
"colored."
Congress having failed to define
| the meaning of the word 'COlOred,
says the opinion, the duty was neces-
sarily devolved, in the first instance
at least, upon the Board of Education
to determine what children are white
and what are colored, whenever that
question arises in particular case.
In the absence of definition II
/ our own statute we are compelled tC
ascertain the popular meaning of the
word 'colored.' AS early as 1920 Mr.
Justice Story declared that the worC
!had acquired definite meaning, as mu
lattO, negro, etc, though it was no
necessary in the case before him tC
express more definitely what the
meaning was"
Position of Petitioners.
| The petitioners Contended that the
word "colored" must be given its com
mon or popular significance: Negro
physical characteristic and negro
blood must combine in one to rende
her colored," the petition read.
Regarding this contention, Chic
Justice Shepard says:
1T must be remembered that TIL
learned trial Justice had found tha
there was TO be observed of the chile
physical characteristics, which afford
ed ocular evidence suggestive of augh
save the Caucasian. He declined, how
ever, TO accept this delusive test o
race, and based his conclusion tha
the petitioner is 'colored' upon tn
fact that she has proportion of negr,
lblOod, not more than one-eighth an,
not less than one-sixteenth."
In ending his opinion Chief Justic
Shepard says:
1T is urged that hardship will b.
inflicted upon the petitioner, conclu
sion at which we have arrived. 1t ma,
be, however, that greater evils woul,
result from a different one. Be tha
as it may, our province is to interpre
the legislation, not to enact il"