West Virginia
Thomas Martin, a father of five children, claimed that the Board of Education failed to provide the necessary facilities to afford his children the benefits of a common-school education. Camp Hill School was for white students only, and the Board refused to admit Martin’s children because they were Black. There was no separate school for Black children, nearby. Martin took this case to the Circuit Court of Morgan County, hoping to enforce the admission of his children to Camp Hill School, but he was refused. The case was then taken to the Supreme Court of Appeals of West Virginia. The question before the Court was whether West Virginia’s state constitution (requiring segregated schools) contradicted the Fourteenth Amendment to the Constitution of the United States. Justice Marmaduke H. Dent stated that forcing both races to attend the same school would have been a "compulsory infringement" of their rights, as well as harmful. Martin's lawyer insisted that there was still a failure in providing equal facilities for Black children. Judge Dent suggested that if Camp Hill School were forced to accept Martin’s children, they would be violating the state constitution. He said the Court’s job was to make sure they obeyed the state constitution, instead. The lower court's ruling was upheld, and Martin lost. [212 words]