The first school case was decided in 1874, before there was any statute forbidding discrimination against Negro children in the public schools.[30] In Chase v. Stephenson (71 Ill. 383; 1874) a taxpayer filed a bill to enjoin the directors of a school district from maintaining a separate school for Negro children; and the court held that the directors had no authority to discriminate on account of color, and the separate school was enjoined.
In March, 1874, "An Act to Protect Colored Children in Their Rights to Attend Public Schools" was passed which provided:
That all directors of schools, boards of education, or other school officers, whose duty it now is or may be hereafter to provide in their respective jurisdictions schools for the education of all children between the ages of six and twenty-one years, are prohibited from excluding directly or indirectly any such child from such school on account of the color of such child.
Two school cases have since arisen at Quincy, Illinois. The first, decided in 1882 (People ex rel. Longress v. Board of Education of Quincy, 101 Ill. 308), was a quo warranto proceeding, attacking a regulation of the school board, requiring all Negro children to attend one school, and excluding them from all others. The court held that the laws of Illinois prohibited such discrimination and the board was without authority to make the regulation.
In the second Quincy case, decided in 1888 (People v. McFall and Board of Education of Quincy 26 Ill. App. 319; affirmed, 124 Ill. 642), the petition for quo warranto charged that the Board of Education had continued the illegal discrimination against Negro children ever since the decision in the first case. The petition was supported by a number of affidavits of Negroes. After a full hearing on affidavits and counter-affidavits the trial court denied the petition. The appellate court affirmed the judgment, characterizing the affidavits in support of the petition as "vague and unsatisfactory"; and the supreme court affirmed the judgment.
Quincy has fourteen schools, and the School Board has divided the city into four school districts. The Lincoln School is exclusively a Negro school and is the only school in the district in which most of the Negroes live. All white children in that district are transferred to other schools, and the few Negro children outside the Lincoln district are urged to attend the Lincoln School. The Negro teachers and Negro principal of the Lincoln School are paid higher salaries than other teachers in Quincy, and are told that if they wish to maintain themselves in the Quincy schools, they must persuade Negro children in other districts to attend the Lincoln School. In this way the board has succeeded in confining Negro children with few exceptions to the Lincoln School. Yet some Negroes are attending five other schools, including the high school.
There have also been two school cases from Alton, Illinois. The first case was People v. Board of Education of Upper Alton (127 Ill. 613), decided in 1889. This was a proceeding by mandamus, begun in the supreme court by John Peair, to compel the Board of Education to admit his two children to the high school of Upper Alton. Certain issues of fact were certified to the circuit court for trial by jury. The jury returned a general verdict in favor of the Board of Education, notwithstanding the following special findings in answer to questions asked by the relator, John Peair:
Q.: When application was made ... to the principal in charge of the said building on behalf of relator's two children for permission to attend school in said building, was such permission refused by said principal because said children were colored?
A.: Yes.
Q.: Have not the children of relator, John Peair, been excluded from attending school in said high school building by the defendants on account of the color of said children?