History of the public school system of California.

EDUCATION OF COLORED CHILDREN. 205
books in use in 1873-4-5, be continued in use in all the public
schools of the State, until otherwise provided by statute.
This bill became a law on Dec. 13th, when the injunction suits
were at once dismissed.
As the case now stands, the old list of books throughout
remains in the schools, and all power of changing is vested in
the State Legislature.
XII. EDUCATION OF COLORED CHILDREN.
The Legislature of 1860 passed a law prohibiting colored
(Negro and Mongolian) children from being admitted to
schools for white children, under penalty of forfeiting all
public moneys.
Previous to this, colored children were prohibited from
attending schools for white children, but there was no penalty.
The law had allowed trustees to establish separate schools for
colored children, but had not required it.
The first legal recognition of the rights of colored children is
found in the Revised School Law, 1866:
SEC. 57. Children of African or Mongolian descent, and Indian
children, not living under the care of white persons, shall not be
admitted into the public schools, except as provided in this act;
provided, that, upon the written application of the parents or guardians of at least ten such children, to any Board of Trustees, or
Board of Education, a separate school shall be established for their
education, and the education of a less number may be provided for
by the trustees in any other manner.
SEC. 58. When there shall be in any district any number of children, other than white children, whose education can be provided
for in no other way, the trustees, by a majority vote, may permit
such children to attend schools for white children; provided, that a
majority of the parents of the children attending such school make
no objection in writing, to be filed with the Board of Trustees.
SEC. 59. The same laws, rules, and regulations which apply to
schools for white children shall apply to schools for colored
children.
Under this qualified provision, most of the colored children
in the State were admitted to school privileges, though in a few
outlying districts-notably the city of Oakland-they were ex