The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-04-29
What is a Negro?

45y The decision Of the Supreme Court of Louis
rs ana that an octoroon is not a negro within the
4 aneaning of the laws of that State, has provoked
considerable discussion The decision
rendered by II divided court two out of five
justices dissenting. 1t turns out, however, that
there is serious race question involved the
decision being rather dictionary affair than
question of law
Treadway,la white man, and his codefendant,
~-fn octor0on were charged with the violation OF
II Act No 81 of 1908. which prohibits consubinage
between "a person of the caucasian white
I race and a person Of the negro or black race,
the crime being made by the statute a felony
and punishable by hard labor. To the presenta-
ZION of the State the defense filed demurrer IN
the lower court setting forth that the act APP
piled only to negroes persons Of full negro
blood and no to persons having only a degree
or degrees of negro blood in their VEINS.
a The demurrer was sustained by the Judge of
4 the trial court and was taken to the Supreme
Court on appeal. The question before the SUI
II preme Court was Whether an octoroon Is = a
person Of the negro or black race" within the
\ meaning of the statute. This question is gone
into BY the Supreme Court. both in the opinion
OF the majority and minority, scientifically and
tthnologically and at great length.
The opinion of Justice Provosty states that
person is of the negro or Of the Caucasian race
In the same proportion in which the two strains
Of blood are mixed in his veins, and that a per
son with seven-eighths white blood and one
n eighth negro INIT that the words are f. be con
sidcred in the popular sense and not il their
teehinal sense, The poular meaning Of words
is expounded by The dictionaries and, the cour;
says. that consultation will shoy; that the word
Z. 4 nDv,JF h.
in It's meaning If the statute had defined the
word negro a person Of mixed blood there
would he an end of all question.
@ Outside OF the dictionaries the court says that
mo literature Of any kind has been called to its
attention in which the word negro" or the
4 term "a person of the negro race" has been
q given a meaning which would include an octo-
room, and still less person of fifteen-slxteenths
white and onc-sixteenth negro blood.
The court further declares that the word col
81 orea'' is the accepted term of designation for a
2 person of mixed blood; that while negro is Il
person Of color there are persons of color who
are not negroes, and that while the Legislature
8 might decree that the word negro meant per
son of color the word would continue TO mean
the world over and outside of Louisiana, per
son Of the pure African
The court further asserts that the words
fnulatto quadroon and octoroon have definite
meaning in Louisiana and that if the Legisla-
s%fure had meant to include them under the gen.
eral designation Of the bill. ii should have said
81 So Indeed, the court intimates that the bill
twas meant to apply only To full-blooded negroes
N and that the Legislature intended to exempt
mnlattoes, quadroons and octoroons!
sSS Justice Land took a different view, being
clearly of opinion that the word negro as
alsed isa the statute, has the same meaning as
E8eDlored term used in popular language TO
aesi1nate persons Of African descent, mixed or
nnmixed
3z IL is stated that the statute under review was
Axnadly needed In Louisiana and that it has been
n moral agency Of great force and value. There