The Richmond County tax, which supported high schools open to only white students, was legal. The city was allowed to determine the allocation of funds. Federal interference was justified only if local authorities disregarded constitutional rights.
The plaintiffs, "Cumming, Harper and Ladeveze, citizens of Georgia and persons of color suing on behalf of themselves and all others in like case joining with them," originally filed suit by petition against the Board of Education of Richmond County (the "Board") and one "Charles S. Bohler, tax collector" in the Superior Court of Richmond County, claiming, among other causes of action, that a $45,000 tax levied against the county for primary, intermediate, grammar, and high schools was illegal insofar as the high schools of the county were exclusively for white students and seeking an injunction barring the collection of so much of the total amount as was earmarked for the white only high school system.
County was reversed upon the ground that it erred in granting an injunction against the Board of Education. In accordance with that decision, the Superior Court upon the return of the cause from the Supreme Court of the State, refused the relief asked by the plaintiffs, and dismissed their petition. Thereafter, the plaintiffs appealed that order to the US Supreme Court as being in derogation of their rights under the US Constitution.
Decisionedit
The Supreme Court affirmed on economic arguments, among others. It claimed that there are many more colored children than white children in the area and that the Board could not afford to supply everyone with education. The court reasoned that there was a choice between educating 60 white children and educating no one.
The Supreme Court denied that it had any jurisdiction to interfere in the decisions of the state courts. The decision states in pertinent part:
Under the circumstances disclosed, we cannot say that this action of the state court was, within the meaning of the Fourteenth Amendment, a denial by the state to the plaintiffs and to those associated with them of the equal protection of the laws or of any privileges belonging to them as citizens of the United States,... the education of the people in schools maintained by state taxation is a matter belonging to the respective states, and any interference on the part of Federal authority with the management of such schools cannot be justified except in the case of a clear and unmistakable disregard of rights secured by the supreme law of the land.
The final remark says:
If, in some appropriate proceeding instituted directly for that purpose, the plaintiffs had sought to compel the board of education, out of the funds in its hands or under its control, to establish and maintain a high school for colored children, and if it appeared that the board's refusal to maintain such a school was in fact an abuse of its discretion and in hostility to the colored population because of their race, different questions might have arisen in the state court.
Connally, C. Ellen (2000). "Justice Harlan's 'Great Betrayal'? A Reconsideration of Cumming v. Richmond County Board of Education". Journal of Supreme Court History. 25 (1): 72–92. doi:10.1111/1059-4329.00005. S2CID 143689082.
External linksedit
Works related to Cumming v. County Board of Education at Wikisource
Text of Cumming v. Richmond County Board of Education, 175U.S. 528 (1899) is available from:CourtListenerFindlawGoogle ScholarJustiaLibrary of Congress
January 23, 2024
cumming, richmond, county, board, education, 1899, richmond, class, action, suit, decided, supreme, court, united, states, landmark, case, that, sanctioned, jure, segregation, races, american, schools, decision, overruled, brown, board, education, 1954, suprem. Cumming v Richmond County Board of Education 175 U S 528 1899 Richmond was a class action suit decided by the Supreme Court of the United States 1 It is a landmark case in that it sanctioned de jure segregation of races in American schools The decision was overruled by Brown v Board of Education 1954 2 Cumming v Richmond County Board of EducationSupreme Court of the United StatesArgued October 30 1899Decided December 18 1899Full case nameJ W Cumming James S Harper and John C Ladeveze Plaintiffs in Error v County Board of Education of Richmond County State of GeorgiaCitations175 U S 528 more 20 S Ct 197 44 L Ed 262 1899 U S LEXIS 1580HoldingThe Richmond County tax which supported high schools open to only white students was legal The city was allowed to determine the allocation of funds Federal interference was justified only if local authorities disregarded constitutional rights Court membershipChief Justice Melville Fuller Associate Justices John M Harlan Horace GrayDavid J Brewer Henry B BrownGeorge Shiras Jr Edward D WhiteRufus W Peckham Joseph McKennaCase opinionMajorityHarlan joined by unanimousOverruled byBrown v Board of Education 347 U S 483 1954 Contents 1 About the case 2 Decision 3 See also 4 References 5 Sources 6 External linksAbout the case editThe plaintiffs Cumming Harper and Ladeveze citizens of Georgia and persons of color suing on behalf of themselves and all others in like case joining with them originally filed suit by petition against the Board of Education of Richmond County the Board and one Charles S Bohler tax collector in the Superior Court of Richmond County claiming among other causes of action that a 45 000 tax levied against the county for primary intermediate grammar and high schools was illegal insofar as the high schools of the county were exclusively for white students and seeking an injunction barring the collection of so much of the total amount as was earmarked for the white only high school system County was reversed upon the ground that it erred in granting an injunction against the Board of Education In accordance with that decision the Superior Court upon the return of the cause from the Supreme Court of the State refused the relief asked by the plaintiffs and dismissed their petition Thereafter the plaintiffs appealed that order to the US Supreme Court as being in derogation of their rights under the US Constitution Decision editThe Supreme Court affirmed on economic arguments among others It claimed that there are many more colored children than white children in the area and that the Board could not afford to supply everyone with education The court reasoned that there was a choice between educating 60 white children and educating no one The Supreme Court denied that it had any jurisdiction to interfere in the decisions of the state courts The decision states in pertinent part Under the circumstances disclosed we cannot say that this action of the state court was within the meaning of the Fourteenth Amendment a denial by the state to the plaintiffs and to those associated with them of the equal protection of the laws or of any privileges belonging to them as citizens of the United States the education of the people in schools maintained by state taxation is a matter belonging to the respective states and any interference on the part of Federal authority with the management of such schools cannot be justified except in the case of a clear and unmistakable disregard of rights secured by the supreme law of the land The final remark says If in some appropriate proceeding instituted directly for that purpose the plaintiffs had sought to compel the board of education out of the funds in its hands or under its control to establish and maintain a high school for colored children and if it appeared that the board s refusal to maintain such a school was in fact an abuse of its discretion and in hostility to the colored population because of their race different questions might have arisen in the state court Justice John Marshall Harlan who was the lone dissenter in Plessy v Ferguson wrote the opinion for a unanimous court See also editList of United States Supreme Court cases volume 175References edit Cumming v Richmond County Board of Education 175 U S 528 1899 nbsp This article incorporates public domain material from this U S government document Brown v Board of Education 347 U S 483 1954 Sources editConnally C Ellen 2000 Justice Harlan s Great Betrayal A Reconsideration of Cumming v Richmond County Board of Education Journal of Supreme Court History 25 1 72 92 doi 10 1111 1059 4329 00005 S2CID 143689082 External links edit nbsp Works related to Cumming v County Board of Education at Wikisource Text of Cumming v Richmond County Board of Education 175 U S 528 1899 is available from CourtListener Findlaw Google Scholar Justia Library of Congress Retrieved from https en wikipedia org w index php title Cumming v Richmond County Board of Education amp oldid 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