California

Ward

vs

Flood

Harriet A. Ward and her 12-year-old daughter, Mary, lived in San Francisco where students had the right to attend the public school nearest to their home. The Wards lived closest to the Broadway Grammar School. Harriet took Mary to the school. She was denied admission. The school's principal, Noah F. Flood, said only white pupils in the city had the right to be received at the public school nearest their home. Children of African descent didn’t, unless they were attending a “separate school” provided for them. The case was taken to the Supreme Court of California. Flood claimed that Mary had no right to be admitted because she hadn’t received adequate instruction and wasn’t prepared enough to succeed. He also claimed he acted under the rules of the Board of Education, which said that separate schools had to be maintained. The Court ruled that Flood was justified in excluding Mary. She was insufficiently advanced in learning. Also, in San Francisco, separate schools were authorized by law. These separate schools gave Mary the opportunity to receive a separate but equal education. Regarding the 14th Amendment, Black children could not be denied an education because of their race, but they could be denied entry to a school. The Court concluded by addressing the idea that separate schools preserved prejudice. They suggested that if prejudice existed, it was personal and could neither be created nor changed by the law.

Further Reading

Photograph

Photograph of John W. Dwinelle, who establishing the University of California and was an attorney for the plainntiff.

Photograph

Photograph of William T. Wallace, who was Chief Justice of the California Supreme Court and wrote the majority opinion

Photograph

Photograph of John W. Dwinelle, who establishing the University of California and was an attorney for the plainntiff.