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E-mail your letter to letters@ocregister.com. David C. Marcus, Los Angeles, Cal. This court judicially is aware that a century ago when California was taken over by the United States, the majority of its population was Mexican. Without doubt, it denotes not merely freedom from bodily restraint but also the right of the individual [1] to contract, [2] to engage in any of the common occupations of life. There, where an Illinois election board, in claimed violation of Illinois law, had failed to certify a citizen as a duly elected nominee for a state office, it was held that he was not denied the equal protection of the Fourteenth Amendment. Cas.1917B, 283, Mr. Justice Hughes, as an associate justice, speaking for the court said: "It is sought to justify this act [an act limiting employment of aliens] as an exercise of the power of the state to make reasonable classifications in legislating to promote the health, safety, morals, and welfare of those within its jurisdiction. Respondents objected to the Findings of Fact on the ground that the evidence showed without conflict school children of Mexican descent had been and are being furnished with facilities fully equal to other school children, and that no finding had been made thereon. Ass'n Advancement of Colored People, amicus curiæ. is applied] it should be construed so as to respect the proper balance between the states and the federal government in law enforcement." Pursuant to this basic directive by the people of the State many laws stem authorizing special instruction in the public schools for handicapped children. Ministry Of Labour Anonymous Complaint, [1] Section 41. 198, cited in the majority opinion in the above entitled case (April 14, 1947), was not founded directly upon a state statute. 510 of the opinion: "In other words, the proposition is that the Amendment [Fourteenth Amendment of the Constitution] deals only with the acts of state officers within the strict scope of the public powers possessed by them, and does not include an abuse of power by an officer as the result of a wrong done in excess of the power delegated. Or, to go to the descendants of an ancient Mesopotamian nation, whose facial characteristics still survived in the inspiring beauty of Brandeis and Cardozo the descendants of the nationals of Palestine, among whose people later began our so-called Christian civilization, as well could be segregated and Hitler's anti-semitism have a long start in the country which gave its youth to aid in its destruction. To these should be added the third and second generations of succeeding Mexican immigrants to California. At page 286 of 227 U.S., at page 314 of 33 S.Ct., 57 L. Ed. If, as suggested, the statute was designed to embrace only action which the State in fact authorized, the words `under color of any law' were hardly apt words to express the idea." S.D.Cal., 71 F. Supp. Sorry, your blog cannot share posts by email. The court found that the segregation as alleged in the petition has been for several years past and is practiced under regulations, customs and usages adopted more or less as a common plan and enforced by respondent-appellants throughout the mentioned school districts; that petitioners are citizens of the United States of Mexican ancestry of good moral habits, free from infectious disease or any other disability, and are fully qualified to attend and use the public school facilities; that respondents occupy official positions as alleged in the petition.

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