Lum V. Rice - The Supreme Court's Decision

The Supreme Court's Decision

In an opinion written by Chief Justice William Howard Taft, the Supreme Court affirmed the state supreme court's ruling and thus the position of the Board of Trustees. In the unanimous opinion, Taft held that the petitioner had not shown that there weren't segregated schools accessible for the education of Martha Lum in Mississippi:

"We must assume, then, that there are school districts for colored children in Bolivar county, but that no colored school is within the limits of the Rosedale consolidated high school district. This is not inconsistent with there being at a place outside of that district and in a different district, a colored school which the plaintiff Martha Lum may conveniently attend."

Taft further stated that, given the accessibility of segregated schools, the question then was whether a person of Chinese ancestry, born in and a citizen of the United States, was denied equal protection of the law by being given the opportunity to attend a school which "receive only children of the brown, yellow or black races." In reference to Cumming v. Richmond County Board of Education, Taft concluded that "he right and power of the state to regulate the method of providing for the education of its youth at public expense is clear." Additionally, Taft pointed to a number of federal and state court decisions, most prominently Plessy v. Ferguson, all of which had upheld segregation in the public sphere and particularly in the realm of public education. Accordingly, Taft concluded:

"Most of the cases cited arose, it is true, over the establishment of separate schools as between white pupils and black pupils; but we cannot think that the question is any different, or that any different result can be reached, assuming the cases above cited to be rightly decided, where the issue is as between white pupils and the pupils of the yellow races. The decision is within the discretion of the state in regulating its public schools, and does not conflict with the Fourteenth Amendment."

The judgement of the Supreme Court of Mississippi was affirmed. Martha Lum was not allowed to go to the school for white children.

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