Wong Him v. Callahan, 13,245.

CourtUnited States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
Citation119 F. 381
Docket Number13,245.
Decision Date05 December 1902
PartiesWONG HIM v. CALLAHAN et al.

119 F. 381

WONG HIM
v.
CALLAHAN et al.

No. 13,245.

United States Circuit Court, N.D. California.

December 5, 1902


George D. Collins, for complainant.

DE HAVEN, District Judge.

The question presented to the court for decision at this time arises upon complainant's motion for a decree pro confesso under equity rule 18. The complainant is an infant, and native-born citizen of the United States, of Chinese parentage, and seeks in this action, brought by his father as prochein ami, for a decree against the principal of the Clement Grammar School in the city and county of San Francisco and the members of the board of education of that city and county, restraining them from preventing the admission of the complainant into the Clement Grammar School as a pupil. The bill alleges that all children, irrespective of age and [119 F. 382] nationality, are permitted to attend said grammar school, with the exception of children of Chinese descent, and that the defendants exclude the complainant from the right to attend this school upon the sole ground that he is of Chinese descent, and claim the right to do so under the provisions of section 1662 of the Political Code of the state of California, which gives to the trustees of school districts the power to establish separate schools for children of Mongolian or Chinese descent, and further provides that 'when such separate schools are established, Chinese or Mongolian children must not be admitted into any other schools. ' It is further alleged that this statute is in conflict with the fourteenth amendment to the constitution of the United States, in that it deprives the complainant of the equal protection of the laws of California relative to his right to admission as a pupil into the public schools of the state. As I construe the allegations of the bill, there has been established in the city and county of San Francisco a separate school exclusively for Chinese children and children of Chinese descent, which the complainant can attend. It is not alleged that such school does not afford the same advantages in the matter of acquiring an education as is given to children of schools to which Chinese are not admitted. The sole ground of complaint is that the maintenance of separate schools for children of Chinese descent is a discrimination against such children, and it is alleged that such discrimination 'is arbitrary, and the result of hatred for the Chinese race. ' The validity of the statute...

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14 practice notes
  • Briggs v. Elliott, Civ. A. No. 2657.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • 23 Junio 1951
    ...v. Board, 3 Woods 177, 3 Fed.Cas. 294, Case No. 1,361; United States v. Buntin (C.C.), 10 F. 730, 735; Wong Him v. Callahan (C.C.), 119 F. 381. "In Plessy v. Ferguson, 163 U.S. 537, 544, 545, 16 S.Ct. 1138, 1140, 41 L.Ed. 256, in upholding the validity under the Fourteenth Amendment of......
  • Boman v. Birmingham Transit Company, No. 18187.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 25 Abril 1961
    ...Bertonneau v. Board, 3 Woods 177, 3 Fed.Cas. 294, Case No. 1,361; United States v. Buntin C.C., 10 F. 730, 735; Wong Him v. Callahan C.C., 119 F. 381.163 U.S. 537, 544, 545 16 S.Ct. 1138, 1140, 41 L.Ed. 256, in upholding the validity under the Fourteenth Amendment of a statute of Louisiana ......
  • Rice v. Gong Lum, 24773
    • United States
    • Mississippi Supreme Court
    • 11 Mayo 1925
    ...school. The development of the laws of California along this line is interesting and is shown in Tape v. Hurley, 66 Cal. 473, and a case in 119 F. 381, and another in 82 Cal. 588. It will also be noted that the petition in this case alleges that the Rosedale consolidated school is the only ......
  • Houston Contractors Ass'n v. METRO. TRANSIT AUTH. OF HARRIS CTY., Civil Action No. H-93-3651.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • 13 Noviembre 1997
    ...220 (1886). 60 Bradwell, 16 Wall. 130, 83 U.S. 130, 21 L.Ed. 442; Plessy, 163 U.S. 537, 16 S.Ct. 1138, 41 L.Ed. 256; Wong Him v. Callahan, 119 F. 381 (C.C.N.D.Cal.1902); Korematsu v. United States, 323 U.S. 214, 65 S.Ct. 193, 89 L.Ed. 194 61 43 Cong. Rec., 4709-23 (1909), quoted in JOHN D. ......
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13 cases
  • Briggs v. Elliott, Civ. A. No. 2657.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • 23 Junio 1951
    ...v. Board, 3 Woods 177, 3 Fed.Cas. 294, Case No. 1,361; United States v. Buntin (C.C.), 10 F. 730, 735; Wong Him v. Callahan (C.C.), 119 F. 381. "In Plessy v. Ferguson, 163 U.S. 537, 544, 545, 16 S.Ct. 1138, 1140, 41 L.Ed. 256, in upholding the validity under the Fourteenth Amendment of a st......
  • Boman v. Birmingham Transit Company, No. 18187.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 25 Abril 1961
    ...Bertonneau v. Board, 3 Woods 177, 3 Fed.Cas. 294, Case No. 1,361; United States v. Buntin C.C., 10 F. 730, 735; Wong Him v. Callahan C.C., 119 F. 381.`The most common instance of this is connected with the establishment of separate schools for white and colored children, which ha...
  • Rice v. Gong Lum, 24773
    • United States
    • Mississippi Supreme Court
    • 11 Mayo 1925
    ...school. The development of the laws of California along this line is interesting and is shown in Tape v. Hurley, 66 Cal. 473, and a case in 119 F. 381, and another in 82 Cal. 588. It will also be noted that the petition in this case alleges that the Rosedale consolidated school is the only ......
  • Houston Contractors Ass'n v. METRO. TRANSIT AUTH. OF HARRIS CTY., Civil Action No. H-93-3651.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • 13 Noviembre 1997
    ...220 (1886). 60 Bradwell, 16 Wall. 130, 83 U.S. 130, 21 L.Ed. 442; Plessy, 163 U.S. 537, 16 S.Ct. 1138, 41 L.Ed. 256; Wong Him v. Callahan, 119 F. 381 (C.C.N.D.Cal.1902); Korematsu v. United States, 323 U.S. 214, 65 S.Ct. 193, 89 L.Ed. 194 61 43 Cong. Rec., 4709-23 (1909), quoted in JOHN D. ......
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1 books & journal articles
  • REQUISITE REALIGNMENT: AFFIRMATIVE ACTION, ASIAN AMERICANS, AND THE BLACK-WHITE BINARY.
    • United States
    • University of Pennsylvania Law Review Vol. 170 Nbr. 6, June 2022
    • 1 Junio 2022
    ...are established, Indian, Chinese, or Mongolian children must not be admitted into any other school . . . ."). (128) Him v. Callahan, 119 F. 381, 382 (N.D. Cal (129) Id. at 383. (130) 347 U.S. 483 (1954). (131) See Chinese Exclusion Act, ch. 126, 22 Stat. 58, 58-59 (1882) (prohibiting all im......

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