Tape v. Hurley
Encyclopedia
Tape v. Hurley, 66 Cal. 473 (1885) was a landmark court case in the California Supreme Court.
born in San Francisco. Her parents, Joseph Tape (1852–1935), and Mary McGladery Tape (1857–1934), were both immigrants from China. Joseph Tape was a businessman and an interpreter for the Chinese consulate, while Mary Tape was an amateur photographer and artist.
ancestry. Her parents sued the San Francisco Board of Education
. They argued that the school board's decision was a violation of the California Political Code, which stated:
"Every school, unless otherwise provided by law, must be open for the admission of all children between six and twenty-one years of age residing in the district; and the board of trustees, or city board of education, have power to admit adults and children not residing in the district, whenever good reasons exist therefor. Trustees shall have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases."
On January 9, 1885, Superior Court
Justice McGuire handed down the decision in favor of the Tapes. On appeal, the California Supreme Court
upheld the decision.
He wrote that "To deny a child, born of Chinese parents in this state, entrance to the public schools would be a violation of the law of the state and the Constitution of the United States."
for Chinese and other "Mongolian" children. A bill passed through the California state legislature giving the board the authority to establish the Oriental Public School in San Francisco.
Background
Mamie Tape was a Chinese AmericanChinese American
Chinese Americans represent Americans of Chinese descent. Chinese Americans constitute one group of overseas Chinese and also a subgroup of East Asian Americans, which is further a subgroup of Asian Americans...
born in San Francisco. Her parents, Joseph Tape (1852–1935), and Mary McGladery Tape (1857–1934), were both immigrants from China. Joseph Tape was a businessman and an interpreter for the Chinese consulate, while Mary Tape was an amateur photographer and artist.
Issue
In 1884, Mamie, then eight years old, was denied admission to the Spring Valley School, because of her ChineseHan Chinese
Han Chinese are an ethnic group native to China and are the largest single ethnic group in the world.Han Chinese constitute about 92% of the population of the People's Republic of China , 98% of the population of the Republic of China , 78% of the population of Singapore, and about 20% of the...
ancestry. Her parents sued the San Francisco Board of Education
San Francisco Board of Education
The San Francisco Board of Education is made of seven Commissioners, elected by voters across the city to serve 4-year terms. It is subject to local, state, and federal laws, and determines policy for all the public schools in the San Francisco Unified School District.- Founding :In October 1849,...
. They argued that the school board's decision was a violation of the California Political Code, which stated:
"Every school, unless otherwise provided by law, must be open for the admission of all children between six and twenty-one years of age residing in the district; and the board of trustees, or city board of education, have power to admit adults and children not residing in the district, whenever good reasons exist therefor. Trustees shall have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases."
On January 9, 1885, Superior Court
Superior Courts of California
The Superior Courts of California are the superior courts in the U.S. state of California with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a government agency...
Justice McGuire handed down the decision in favor of the Tapes. On appeal, the California Supreme Court
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
upheld the decision.
He wrote that "To deny a child, born of Chinese parents in this state, entrance to the public schools would be a violation of the law of the state and the Constitution of the United States."
Results
After the decision, the San Francisco school board lobbied for a separate school systemSeparate but equal
Separate but equal was a legal doctrine in United States constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to...
for Chinese and other "Mongolian" children. A bill passed through the California state legislature giving the board the authority to establish the Oriental Public School in San Francisco.