McMillan v. School Committee of District No. 4
Supreme Court of North Carolina
Proceeding in mandamus, before Shipp, J., at Fall Term, 1889, of RobesoN Superior Court, brought by plaintiff to compel the admission of bis children into a school taught in what was known as School District No. 4. J. A. McAllister, witness for plaintiff, testified that he was Superintendent of Public Instruction for the County, and that plaintiff complained to him that defendants refused to receive his children into the school.
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Proceeding in mandamus, before Shipp, J., at Fall Term, 1889, of RobesoN Superior Court, brought by plaintiff to compel the admission of bis children into a school taught in what was known as School District No. 4. J. A. McAllister, witness for plaintiff, testified that he was Superintendent of Public Instruction for the County, and that plaintiff complained to him that defendants refused to receive his children into the school. The County Board of Education had charge of all the schools in the county, white and colored, and in accordance with the act of 1885, giving to the Croatan Indians in…
1Opinion of the Court
Avery, J
—after stating the case: We think that the Legislature was not prohibited by the Constitution from providing separate schools, to be governed by committees of their own race, and taught by teachers selected by such committees, for those persons, now residing in Robeson County, who claim to be descendants of the friendly tribe of Indians known as Croatans, and that the Act of 1885, chapter 51, as amended by chapter 60 of the Laws of 1889 (which amenda-tory act excludes all negroes “ to the fourth generation ” from the privilege of'attending said schools), is valid, and should be…
2Cases cited4 opinions
- Britton v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1883
- Puitt v. Commissioners of Gaston CountySupreme Court of North Carolina · 1886
- State v. . KennedySupreme Court of North Carolina · 1877
- State v. . SteeleSupreme Court of North Carolina · 1890
3Cited by10 opinions
- Gong Lum v. RiceSupreme Court of the United States · 1927
- Briggs v. ElliottDistrict Court, E.D. South Carolina · 1951
- Morrison v. StateTennessee Supreme Court · 1905
- Dameron v. BaylessArizona Supreme Court · 1912
- Corbin v. County School Board of Pulaski County, Va.District Court, W.D. Virginia · 1949
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