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TAPE V. HURLEY
Exclusion of children of non-white races from public schools was a major cause of concern for immigrants in late 18th century and for the first half of the 19th century. The issue reached its peak when in 1884 when Joseph and Mary Tape sought admission in a public school for their U.S.-born girl, Mamie. In those days, Chinese immigrants were seen in a negative light especially in California, as they were considered "dangerous to the well-being of the state." The court ruled in favor of Tapes but school administration refused to abide by the ruling on grounds on "separate but equal" doctrine. The court ruled that children of all nationalities and races could seek admission in public schools except those of "filthy or vicious habits." Superior Court Judge McGuire ruled: "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." Even the political code section 1662 of California had earlier been amended to...
Trustees shall have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases."
However Plessey v. Ferguson had clearly stated that if a separate educational institution was available for children of other races, then they could be denied admission by mainstream public schools. This case had established the doctrine of "separate but equal" and the school board in Tape v. Hurley used this statute to refuse admission to Mamie who was a U.S. citizen born to Chinese parents. Everyone between the age of six and 21 could seek admission in schools nationwide but California was more racially segregated…
http://www.asianweek.com/2001_03_23/bay4_blast_sfschools.html
Tape v. Hurley (1885) 66 Cal. 473: retrieved online 15th May 2004:
http://www.learncalifornia.org/doc.asp?id=1037
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