People Ex Rel. Cisco v. . School Board
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered Hovember 28, 1899, affirming an order of the Special Term denying an application for a peremptory writ of mandamus to compel the defendant to admit the children of the relator to one of the common schools of the borough of Queens, without distinction of color. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered Hovember 28, 1899, affirming an order of the Special Term denying an application for a peremptory writ of mandamus to compel the defendant to admit the children of the relator to one of the common schools of the borough of Queens, without distinction of color. The facts, so far as material, are stated in the opinion. The respondent has no right to exclude relator’s .children from the common schools on account of their color. (L. 1897, ch. 378, §§ 1056, 1094; L. 1884, ch. 248; People…
1Opinion of the CourtMartin, J.
The single question in this case is whether the school board of the borough of Queens is authorized to maintain separate schools for the education of the colored children within the borough, and to exclude them from the other schools therein, it having made the same provisions for their education as are made for others so far as the nature, extent and character of the education and facilities for obtaining it are concerned.
In People ex rel. King v. Gallagher (93 N. Y. 438) the statute of 1864, which was the Common School Act, chapter 143, Laws of 1850, and chapter 863, Laws of 1873, which…
2Cases cited2 opinions
- People v. . KingNew York Court of Appeals · 1888
- People, Ex Rel. King v. . GallagherNew York Court of Appeals · 1883
3Cited by24 opinions
- Gong Lum v. RiceSupreme Court of the United States · 1927
- Hammer v. StateIndiana Supreme Court · 1909
- Briggs v. ElliottDistrict Court, E.D. South Carolina · 1951
- Paynter v. State of NYNew York Court of Appeals · 2003
- Reynolds v. Board of EducationSupreme Court of Kansas · 1903
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