Submitted Oct. 12, 1927.
Decided Nov. 21, 1927.
Mr. Chief Justice Taft delivered the opinion of the Court.
This was a petition for mandamus filed in the state circuit court of Mississippi for the First judicial district of Bolivar County.
Gong Lum is a resident of Mississippi, resides in the Rosedale consolidated high school district, and is the father of Martha Lum. He is engaged in the mercantile business. Neither he nor she was connected with the consular service, or any other service, of the government of China, or any other government, at the time of her birth. She was nine years old when the petition was filed, having been born January 21, 1915, and she sued by her next friend, Chew How, who is a native-born citizen of the United States and the state of Mississippi. The petition alleged that she was of good moral character, between the ages of 5 and 21 years, and that, as she was such a citizen and an educable child, it became her fathers duty under the law to send her to school; that she desired to attend the Rosedale consolidated high school; that at the opening of the school she appeared as a pupil, but at the noon recess she was notified by the superintendent that she would not be allowed to return to the school; that an order had been issued by the board of trustees, who are made defendants, excluding her from attending the school solely on the ground that she was of Chinese descent, and not a member of the white or Caucasian race, and that their order had been made in pursuance to instructions from the state superintendent of education of Mississippi, who is also made a defendant.
The petitioners further show that there is no school maintained in the district for the education of children of Chinese descent, and none established in Bolivar County where she could attend.
The Constitution of Mississippi (Const. 1890, 201, 206) requires that there shall be a county common school fund, made up of poll taxes from the various counties, to be retained in the counties where the same is collected, and a