The Robeson County Board of Education maintained schools for white and Black children. After the passing of the Act of 1885, they built and maintained separate schools for Native American (primarily Croatan) students, as well. Nathan McMillan wanted his children to attend the public school for Croatan children. There was evidence that McMillan's father was a white man, McMillan's wife was Croatan, and McMillan himself was enslaved before 1865 and presumed to be Black. After multiple witnesses testified, the Robeson Superior Court ruled that McMillan's children had Black, “colored blood,” and would thus have to attend the school for Black children. At that time, North Carolina abided by what was informally known as the “one drop rule,” meaning people with any Black ancestry were considered Black. McMillan appealed to the Supreme Court of North Carolina. The Court stated that the legislature was not prohibited by the Constitution from providing separate schools and that the Act of 1885 excluded all Black children to the fourth generation from attending the Croatan schools. McMillan lost the case. The Court ruled that his children were Black, and the Board of Education was not entitled to override the law and wrongfully admit them. [198 words]