220:
districts. He stated how he conceded that the law made no distinction as to the rights of children between the ages of five and twenty-one and how all people have the right to attend common schools. He believed that this right was recognized by the directors in this case and he stated “ I cannot admit that the refusal to admit this scholar into this particular school was so wrongful as that the courts should interfere by mandamus.” He also made it clear that if Susan was allowed to go to a school that was in the proper district, then he didn't know of any principle in which she could complain about. He believed that it was not Susan's or her father’s decision to make, but that it was the school board's decision.
164:, “Provisions shall be made “for the education of all the youths of the State through a system of common schools,” which constitution declaration has been effectuated by enactments providing for the “instruction of youth between the ages of five and twenty-one years,” without regard to color or nationality, is it not equally clear that all discretion is denied to the board of school directors as to what youths shall be admitted? It seems to us that the proposition is too clear to admit of question."
185:
the education of the colored youths in separate schools, except in cases where, by the unanimous consent of the persons sending to the school in the sub-district, they may be permitted to attend with the white youths." This act was, however, declared unconstitutional in
December, 1858, by the Supreme Court, because the power to provide a system of education was given by the constitution to the board of education, and could not be primarily exercised by the general assembly.
28:
180:
state constitution by the way that they were segregating the school. The district court agreed with Clark that the school district was violating the state constitution, but the school board decided to appeal the decision to the state
Supreme Court. The Supreme Court sustained the lower court ruling, striking down school segregation. Judge
184:
stayed with his decision that schools that were segregated were inconsistent with the Iowa constitution and that schools were required to educate all children. An important thing to note about this case is that on March 12, 1858, it was provided that the district board of directors "shall provide for
179:
This case was about Susan Clark, a 13-year-old
African-American girl from Muscatine, Iowa, who was told that she was not allowed to attend the local school in her neighborhood because it was for white children only. Clark sued the school board claiming that the school was violating Iowa's law and the
159:
In this case, it was decided twice that each school district in Iowa needed to provide education to all children in the district, and that they could discriminate based on location, but not on race. This started a long string of cases that found loopholes to get around laws against racial segregation
219:
stated that even though the constitution provided education for all the youths of the state, he believed that the school directors should have the overall say in arranging schools, and that they can direct where the children should attend schools provided that they are kept within their proper
206:
makes the argument that separate was not equal because he concluded that the people of color was just a separation of nationality. He then goes on to argue that if the board is to separate one nationality from the rest that they must then separate all people based on their nationality. As his
207:
argument progresses he states that all youths are equal before the law, that while school directors may have the ability to dictate school uniform they do not have the ability to say who can attend their school when the student meets all the necessary requirements.
424:
248:
In 2019 the Board of
Education of the Muscatine Community School District voted unanimously to name its newly combined middle schools for Susan V. Clark. Beginning in the 2020-2021 school year, the former West Middle School building will be the
149:
was argued in 1868, and the issue of "Negro suffrage" divided Iowans on party lines. Segregation was the norm and continued for decades after, but the decision of this case integrated Iowa schools almost a century before the landmark
372:
193:
The court sustained the ruling of the trial court which permitted Ms. Clark to attend "Grammar school No2". This ruling was substantial because it was the first court to argue that separate was not equal.
250:
309:
419:
109:
case in which the Court held that school districts may not segregate students on the basis of race. In 1867, Susan Clark, a 13-year-old
African American, sued
434:
117:, because she was refused admittance into Grammar School No. 2 under the notion that it was a white school only. Clark, the daughter of local businessman
439:
414:
122:
321:
167:
Susan’s brother, Alexander Clark, Jr., went on to be the first black graduate of the
College of Law at the University of Iowa; her father,
110:
233:
262:
152:
409:
429:
404:
130:
134:
106:
240:
in 2018 observing the 150th anniversary of the 1868 landmark ruling by the Iowa
Supreme Court.
338:
237:
229:
216:
203:
181:
168:
161:
160:
in states where it was prohibited. Iowa’s
Constitution stated that, in the words of Judge
118:
114:
92:
283:
398:
126:
27:
133:. Iowa trial court and state district court sided with Clark. On appeal, the
425:
African-American history between emancipation and the civil rights movement
84:
Segregation of schools on the basis of race violates the Iowa
Constitution.
145:
The nation was still recovering from the Civil War when
88:
78:
70:
65:
57:
42:
34:
20:
310:"The Negro Suffrage Issue in Iowa — 1865-1868"
8:
284:"Susan Clark 1854-1925 | Discover Muscatine"
420:United States school desegregation case law
339:"A timeline of Iowa's Civil Rights History"
26:
17:
274:
236:at the “Clark 150” conference held at
202:In the opinion of the court the Judge
137:upheld the district court's decision.
7:
367:
365:
363:
361:
359:
333:
331:
61:24 Iowa 266; 1868 Iowa Sup. LEXIS 17
435:Education in Muscatine County, Iowa
282:Clark, Jean (September 19, 2020).
147:Clark v. Board of School Directors
102:Clark v. Board of School Directors
14:
308:Barrier, G. Galin (Spring 1968).
440:African-American history of Iowa
234:articles based on presentations
121:, said in her lawsuit that the
415:1868 in United States case law
251:Susan Clark Junior High School
1:
105:, 24 Iowa 266 (1868), was an
320:(4): 241–261. Archived from
244:School named for Susan Clark
156:Supreme Court case in 1954.
263:Maestas vs. George H. Shone
153:Brown v. Board of Education
21:Clark v. Board of Directors
456:
83:
25:
74:Muscatine District Court
131:Iowa State Constitution
111:the local school board
288:discovermuscatine.com
171:Sr., was the second.
125:was a violation of
324:on March 29, 2020.
314:The Annals of Iowa
135:Iowa Supreme Court
107:Iowa Supreme Court
38:Iowa Supreme Court
98:
97:
447:
410:1868 in case law
389:
388:
386:
384:
369:
354:
353:
351:
349:
335:
326:
325:
305:
299:
298:
296:
294:
279:
238:Drake University
230:Drake Law Review
217:George G. Wright
53:
51:
30:
18:
455:
454:
450:
449:
448:
446:
445:
444:
430:Muscatine, Iowa
395:
394:
393:
392:
382:
380:
371:
370:
357:
347:
345:
343:City of dubuque
337:
336:
329:
307:
306:
302:
292:
290:
281:
280:
276:
271:
259:
246:
226:
213:
204:Chester C. Cole
200:
191:
182:Chester C. Cole
177:
169:Alexander Clark
162:Chester C. Cole
143:
119:Alexander Clark
115:Muscatine, Iowa
93:Chester C. Cole
49:
47:
12:
11:
5:
453:
451:
443:
442:
437:
432:
427:
422:
417:
412:
407:
397:
396:
391:
390:
355:
327:
300:
273:
272:
270:
267:
266:
265:
258:
255:
245:
242:
225:
222:
212:
209:
199:
196:
190:
187:
176:
173:
142:
139:
96:
95:
90:
86:
85:
81:
80:
76:
75:
72:
68:
67:
63:
62:
59:
55:
54:
46:June 1868
44:
40:
39:
36:
32:
31:
23:
22:
13:
10:
9:
6:
4:
3:
2:
452:
441:
438:
436:
433:
431:
428:
426:
423:
421:
418:
416:
413:
411:
408:
406:
403:
402:
400:
378:
374:
373:"24 Iowa 266"
368:
366:
364:
362:
360:
356:
344:
340:
334:
332:
328:
323:
319:
315:
311:
304:
301:
289:
285:
278:
275:
268:
264:
261:
260:
256:
254:
252:
243:
241:
239:
235:
231:
223:
221:
218:
210:
208:
205:
197:
195:
188:
186:
183:
174:
172:
170:
165:
163:
157:
155:
154:
148:
140:
138:
136:
132:
128:
124:
120:
116:
112:
108:
104:
103:
94:
91:
87:
82:
79:Case opinions
77:
73:
71:Appealed from
69:
64:
60:
56:
45:
41:
37:
33:
29:
24:
19:
16:
405:1868 in Iowa
383:December 13,
381:. Retrieved
376:
348:December 13,
346:. Retrieved
342:
322:the original
317:
313:
303:
291:. Retrieved
287:
277:
247:
227:
214:
201:
192:
178:
166:
158:
151:
146:
144:
101:
100:
99:
66:Case history
15:
379:. June 1868
293:January 12,
123:segregation
89:Decision by
399:Categories
377:LexisNexis
269:References
232:published
224:Commentary
257:See also
129:and the
127:Iowa law
58:Citation
211:Dissent
198:Opinion
141:History
50:1868-06
48: (
43:Decided
215:Judge
189:Ruling
175:Facts
35:Court
385:2015
350:2015
295:2022
228:The
113:of
401::
375:.
358:^
341:.
330:^
318:39
316:.
312:.
286:.
253:.
387:.
352:.
297:.
52:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
