Cumming v. Richmond County Board of Education
Encyclopedia
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
. 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).
The Superior Court denied the relief sought in part, denying an injunction against the tax collector, but granted an injunction barring the Board from using: The plaintiffs did not appeal from the order refusing to grant an injunction against the tax collector. But the case was carried to the Supreme Court of Georgia by the Board of Education, where the judgment of the Superior Court of Richmond 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 United States Supreme Court as being in derogation of their rights under the Constitution of the United States. The Supreme Court affirmed.
The Supreme Court denied that it had any jurisdiction to interfere in the decisions of the state courts. The decision states in pertinent part:
The 'hostility to the colored population' is addressed in the final remark as follows:
Justice John Marshall Harlan
, who was the lone dissenter in Plessy v. Ferguson
, wrote the majority for the court.
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
suit decided by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. It is a landmark case, in that it sanctioned de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
segregation of races
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
in American schools. The decision was overruled by Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
(1954).
Underlying suits
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.The Superior Court denied the relief sought in part, denying an injunction against the tax collector, but granted an injunction barring the Board from using: The plaintiffs did not appeal from the order refusing to grant an injunction against the tax collector. But the case was carried to the Supreme Court of Georgia by the Board of Education, where the judgment of the Superior Court of Richmond 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 United States Supreme Court as being in derogation of their rights under the Constitution of the United States. The Supreme Court affirmed.
U.S. Supreme Court case
The Supreme Court's decision predicates its affirmance on economic arguments, among others. It claims 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 argued 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:
The 'hostility to the colored population' is addressed in the final remark as follows:
Justice John Marshall Harlan
John Marshall Harlan
John Marshall Harlan was a Kentucky lawyer and politician who served as an associate justice on the Supreme Court. He is most notable as the lone dissenter in the Civil Rights Cases , and Plessy v...
, who was the lone dissenter in Plessy v. Ferguson
Plessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...
, wrote the majority for the court.