The Omaha guide., 1937-06-26


definition. Whatever I said there
was 50 pertinent to the issue in
volyea That I cannot do better Than
repeat it here.
ePrior to 1890 the Census Of
flee sought to subdiyide the Negro
group into. blacks. mulattoea. Qua
IEeoons and %octoroons. Subsequent
to that date it found it impossible
to make such sharp determinations.
since these division ran impereept.
IDLY one into the other, and also
since there was no definite dis
eriminant or criterion by which
the one could be separated from
the other.
4There r 20 states in which
legal distinction exists on account
Of race. such as separate cars, Sc
pirate schools, and bans on inter-
acial marriage. Il would be seen,
therefore,, how important it is that
here should be a federal defini-
ien Of race if laws arc to be
based On such Distinction. Hitler
viii soon be confronted with the
necessity Of a legal definition Of
Alyan and the jew, since he has
placed the latter under political and
civil disabilities.
"The Southern states have adopt
ed a workable definition Of a'Ne-
Gro or 'eolored person. which
roughly answers al Of their practi-
cal purposes. The usual definition
Of q Negro or a 'eolored person is
based upon tho proportion Of Ne
gro and white blood, but since no
scientific tgsod fesaar has been
discovered, these states have had
to fail back upon observation and
common judgment.
@Of the % states which have en-
acted laws based ON race distinc-
tion, no II Of them has an ulti-
mate or adequate definition of
race individuals Of the two
races are forbidden to intermarry
upon superficial evidence, ~satisfae-
tory to the clerk of the court. Chill
dren are assigned to white or color
ed schools wholly on superficial ap-
pearanee. Every train and street
car conductor Of the south is set
up as judge Of ~abstruce science Of
anthropology and ethnology.
"The nearest approach we have
to a federal definition Of Negro
o. "colored person was set up by
the Supreme Court of the District
Of Columbia, where white and
eolored schools operate under the
laws Of Congress. The judge de-
eiaed that a "eolored person is
one who, by contact and associa-
ton abides in the racial status.
"When this question reaches the
Supreme Court, if it ever does. it
is easy to predict this learned tri-
bunal viii side-step a technical and
ultimate definition, and viii fall
back upon the resourcefnlness of
observation and common sense.
This august tribunal has passed
on laws excluding Japanese, Chin
csc and Filipinos from becoming
citizens by naturalization. In No
instance did it set mp a definition of
constitutes a Japanese, or a
Chinese, OF a Filipino, but took the
definition for granted.
should the Supreme Court I'M
iertake a technical definition of
race it must first define a white
man, and the exact point where. on
account of inter-mixture of blood.
white man ends and the colored
man begins. This would REQUIRE
more wisdom than the mine wise
old men" possess. The Supreme
viii in all likelihood fall back
upon the existing definition, basel
upon heresay and t~elltale evidence.
IS long as it is workable"
However the pending ease may
out, it is inevitable that some
where down the road the Federal
judiciary will have to face an ulti-
mate definition
This nation must either abolish
distinction and discrimination
BASED on blood composition or es-
a scientific and legal de-
'inition of "race."
-o-
~ $500 |