Arkansas Citizen Participation in Government Act.16-63-502

Nov 4, 2005

So, While We Are Awaiting The ADE's Findings Report, Read of What This Arkansas School District Suffers From:

(First a Creole sidebar)

Who are Louisiana Creoles?

Louisiana Creoles are people born in the colony of Louisiana – free or slave – or descendants of those born in the colonial period (1699-1803) in Louisiana and who have inherited the unique culture.

The early confluence of peoples in colonial Louisiana emerged between the various native people, the French-Canadians and Franco-Europeans in their encounters along the Mississippi River and its vast tributaries. The ill-defined borders of the colony of Louisiana stretched from a wide range of water-front land extending from Mobile and New Orleans, up the Mississippi Valley and eastward into and beyond the Illinois Country, reaching westward beyond the Rockies. The French established numerous military posts and settlements linking the Gulf Coast with the French-Canadian population centers at Quebec and Montreal.

Louisiana Creoles were the indigenous colonial population for Louisiana. Myriad ethnic groups contributed to this culture over the centuries, including those who arrived by choice and those against their will. As with all cultures, this one evolved as a result. It is not one specific ethnic blend. The diverse ethnic groups who arrived in the colony of Louisiana each enhanced the makeup of the people, the culture and its various traditions. Common aspects include the French language, eventual Creole patois and the Catholic religion.

Due to societal discrimination and civil laws over the centuries, the classification has taken many variations, polarizing and fragmenting the people. Eventual migration to other areas of the country and the world ensued in search of a better opportunity for their families and future generations. Many stayed in Louisiana continuing the traditions of their ancestors. Some continue living the legacy precisely where their ancestors once lived. For some the experiences were difficult. For others, leaving behind the heritage was the only choice for a new beginning.

The 21st century affords the opportunity to illuminate the historical and cultural legacy of Louisiana Creoles to preserve and sustain its unique culture and traditions -- an integral facet of America's diversity today!

Many Creoles worked at the forefront of the civil rights movement as lawyers and organizers. Jim Crow laws were not overturned all at once, but painstakingly one at a time. A.P. Tureaud was a prominent civil rights activist who today is honored in the 7th Ward with a park in his name.

A.P. Tureaud was a lawyer for the New Orleans branch of the NAACP. He brought a suit against the state and the Orleans Parish School Board to force the desegregation of public facilities in Louisiana. His successes include the integration of Louisiana State University in Baton Rouge in 1952. He also filed suits to obtain equal pay for Louisiana's African American teachers. The plaque in the A.P. Tureaud Park reads:

New Orleans Attorney A.P. Tureaud courageously led us toward equal justice and opportunity for all. He boldly challenged each obstacle in our way. He skillfully pried open the gates of segregation that separated us from each other and from our nation’s promise. A.P. Tureaud’s legal victories cleared the way toward reaching the promise of equal protection under the law. These civil rights triumphs encouraged others to lead us forward on the path that A.P. Tureaud made wider, more clear and more certain.

Read more about the various meanings of “Creole”:

Gambit's Blake Pontchartrain explains the history of "Creole"

Indiana University’s Creole Institute is the only center in the United States that is equipped to deal in depth with linguistic and related educational issues in Haiti.

“On Being Creole” by Edward J. Branley (one man’s interpretation of the history of the word “Creole”)

The Kingdom of Zydeco by Michael Tisserand. Arcade Publishing, New York. 1998

Creoles of Color of the Gulf South edited by James H. Dormon. 1996.

Now, back to the subject at hand:

Perjury is lying or making verifiable false statements under oath in a court of law. Perjury is a crime because the witness has sworn to tell the truth, and for the credibility of the court, witness testimony must be relied on as being truthful. It is seen as a very serious crime as it seeks to usurp the authority of the courts, because it can lead to miscarriages of justice.

In such cases, all JIM CROW defamed citizens (including CREOLES) have the right to file a motion for new trial/hearing or any other application for relief.

Such pleadings shall include a statement that the movant believes the action to be meritorious and is not offered for the purpose of delay. A copy of any such motion shall be served on the representative of the prosecuting party. The trial court shall designate a date certain, if a hearing is requested or found to be necessary, to take evidence, hear, and determine all of the matters presented. The hearing shall be held within ten (10) days of the filing of any motion or application unless circumstances justify that the hearing or determination be delayed.

(b) All posttrial motions or applications for relief must be filed within thirty days after the date of entry of judgment. A posttrial motion or application filed before the entry of judgment shall become effective and be treated as filed on the day after the judgment is entered.

(c) Upon the filing of a posttrial motion or application for relief in the trial court, the time to file a notice of appeal shall not expire until thirty (30) days after the disposition of all motions or applications. If the trial court neither grants nor denies a posttrial motion or application for relief within thirty (30) days after the date the motion or application is filed, the motion or application shall be deemed denied as of the 30th day. (not annotated)


While the science of genetics has increasingly provided means by which certain characteristics and conditions can be identified and understood, given the complexity of human genetics and culture, there is no scientific means of determining which characteristics might be ultimately desireable or undesireable. Hence, since eugenics must be taken as a study of social policy, if eugenics is mistakenly applied as a science it can be called a pseudoscience, a term which refers to any field that isn't scientific but is sometimes erroneously regarded as such.

Americans have struggled for over two hundred years with the issue of how to maintain a society under law that lives up to the lofty sentiment that "All men are created equal." During the 18th and 19th Centuries, bitter controversy surrounded development of laws enabling and regulating the practice of slavery. The Emancipation Proclamation issued by President Abraham Lincoln in 1862 marked the beginning of the end to most of the legal structure that had supported the ownership of black men and women by white men and women. The 13th Amendment to the United States Constitution settled any remaining questions by extending full citizenship to black Americans.

For twenty five years after the end of the Civil War Arkansas' black citizens had no special legal barriers to voting and holding office. The "Freedmen" could own property, attend public schools, and make full use of public facilities. New public policy toward former slaves did not change race-driven attitudes and perceptions among black and white people, nor did a new legal status instantly create wealth. Still, in the eyes of the law, skin color and a "previous condition of servitude" could make no difference.

Late in the 19th Century legislatures across the South began to change state laws to reflect old attitudes that envisioned a lesser "place" for people of color. In 1891, following the examples of legislators in other southern states, Senator Tillman of Washington County proposed Arkansas' first "Jim Crow" law, the Separate Coach Bill.

A law requiring black people to sit only in designated railroad cars made a sharp and functional distinction between races. The train was the only means by which people could travel significant distances with reasonable speed and comfort, and the new restrictions could not have been more significant, visible, and dramatic.

George Bell, Arkansas' only African-American state senator at the time, cast his opposition to the bill in idealistic, hopeful language. He appealed to a sense of "a common cause, a common humanity, and a common interest" among his colleagues in the General Assembly. John Lucas, a black member of the House of Representatives, was more direct. He warned that rigid segregation would rob Arkansas of economic opportunity, and he talked ironically of mutual antipathy between blacks and whites.

Neither approach would have any real effect. War and Reconstruction had hardened attitudes. The era of unrestricted opportunity for Freedmen was over, and Arkansas would soon have its first Jim Crow law. Black passengers would be confined to a separate coach on railroad trains.

Similar laws were to follow quickly. Perhaps most devastating to the long-term ambitions of African-Americans were those allowing white-only party primaries and establishing the poll tax, a thinly-veiled device to screen potential voters by race.

Within five years similar laws would be tested in the United States Supreme Court and would be upheld. The Plessy v. Ferguson decision in 1896 declared "separate but equal" facilities for Blacks and Whites to be lawful. Sixty years would pass before the court reversed this way of thinking in the 1954 Brown v. Board of Education decision, finding that "separate" is "inherently unequal." Throughout that time states and localities could use the power of the law to restrict citizens of color from free access to restrooms and restaurants, to schools and public programs, and to guarantees of civil liberties.
MORE ABOUT JIM CROW LAWS: Creole & so-called
"Black" hatin' CLAPTRAP:


Most of the American laws defining race are not to be compared with those once enforced by Nazi Germany, the latter being relatively more liberal, In the view of the Nazis, persons having less than one fourth Jewish blood could qualify as Aryans, whereas many of the American laws specify that persons having one-eighth, one-sixteenth, or 44 any ascertainable" Negro blood are Negroes in the eyes of the law and subject to all restrictions governing the conduct of Negroes.

The Nazi Nurnberg Code made a distinction between half-Jews and quarter-Jews, who were classified respectively as Mischlings (mongrels) of the first and second degrees, and both were forbidden to marry Aryans. The American laws permit no such gradations: you are either white or nonwhite.

The U.S. Census Bureau, in its Enumerator's Reference Manual, instructs census-takers to "Report 'Negro' for Negroes and for persons of mixed white and Negro parentage". This represents a change from the 1930 Census, in which only those persons having one-half or more Negroe blood were Negroes, Negro blood was listed as Negroes, while those having less were recorded as mulattoes.

The Bureau goes on to say: "A person of mixed Indian and Negro blood should be returned as a Negro, unless the Indian blood definitely predominates."

On the other hand, if you are of mixed white and American Indian blood you can qualify as white under the Census if you are not more than one-fourth Indian.

The Census Bureau further instructs its enumerator to "Report race of nonwhite parent for persons of mixed and nonwhite races. Mixture of nonwhite races should be reported according to the race of the father."

This means that if your father is white and your mother is Negro, you are recorded as a Negro. On the other hand, if your father happens to be Chinese and your mother a Negro, you arc recorded as Chinese.

Under U.S. Census regulations, you are neither asked nor informed how your race is to be recorded: "The race question is answered by the enumerator from observation."

Moreover, U.S. Census-takers are told to "Assume that the race o related persons living in the household is the same as the race of your respondent".

The constitutional and/or statutory definitions of race which exist in 29 of America's 48 states arc of comparatively modem origin, and have been tightened several times since the Civil War.

These definitions are so at variance that anyone living or visiting in the U.S.A. should study carefully the following tabulation, which gives the formulas for nonwhites by states. Where the races are not legally defined, the courts decide.

"The term 'negro' includes 'mulatto'. The term 'mulatto' to person of color' is a person of mixed blood, descended on the part of the father or mother from negro ancestors, without reference to or limit of time or number of generations."

Anyone having any Negro blood whatever.
American Indians.

"Persons in whom there is a visible and distinct admixture of African blood shall be deemed to belong to the African race; all others shall be deemed to belong to the white race. "Anti-miscegenation law.

"The words 'persons of negro race' shall be held to apply to and include any person who has in his or her veins any negro blood whatever." -Anti-concubinage law.



Anyone having Negro blood "to the fourth generation" (1/16th Negro blood-as much as one Negro great-great-grandparent). - State constitution.

Anyone having 1/8th or more Negro blood (one Negro great grandparent or more). -Anti-miscegenation law.

"The term 'white person' shall include only persons of the white or Caucasian race, who have no ascertainable trace of either Negro, African, West Indian, Asiatic Indian, Mongolian, Japanese, or Chinese blood in their veins.

"No person, any of whose ancestors has been duly registered with the State Bureau of Vital Statistics as a colored person or person of color, shall be deemed a white person."

Author's Note: The term "West Indian" may include anyone with a West Indies background, regardless of whether his antecedents were British, French or Spanish Caucasians, Negroes, or American Indians.


Anyone having 1/8th or more Negro blood.

Anyone having 1/4th or more Negro blood - Early anti-miscegenation court ruling. Anyone having an "appreciable" amount of Negro blood.-Court decision (1911) imposing school segregation on a person having 1/16th Negro blood.

All "persons of color". Defined by courts to include anyone having 1/16th or more Negro blood. Louisiana courts have taken judicial cognizance of the following categories of color

Negro 3/4th or more Negro blood
Griffe 1/2 Negro, 1/2. mulatto
Mulatto 1/2 Negro, 112 white
Quadroon 1/4 Negro, 3/4 white
Octoroon 1/8 Negro, 7/8 white

Anyone having Negro blood to "'third generation inclusive' (1/8th or more Negro blood). Malays.

Anyone having 1/8th or more Negro blood.-Anti-miscegenation law. Anyone having any "appreciable" Negro blood.-Court ruling on school segregation. Anyone having 1/8th or more Mongolian blood.

Evidence of Whiteness
Among the evidence of whiteness declared to be admissible by the courts is testimony to the effect that a person:

Is reputed to be white.
Associates with whites.
Enjoys high social status.
Exercises the rights of whites (attends white theatres, votes, etc.)
Although in all ordinary cases the rules of evidence will permit only experts (as in ballistics, fingerprinting, handwriting) to voice their opinions from the witness stand, the courts in race cases will allow any witness to give his opinion as to the race of the defendant or party in question. No American court has ever called an anthropologist to appraise a person's race.

Any person, whose race is being judicially appraised, as well as relatives both direct and collateral, may be required to appear in court and submit to a physical examination by judge and jury.

Physical appearance is regarded as among the best evidence of race. Photographs and hearsay are also admissible. Among the characteristics commonly held by courts to be evidence of Negro blood are dark complexion, curly hair, full lips, and broad nostrils. It has been ruled that for a person to prove he is of Sicilian or other Mediterranean stock does not necessarily prove he is white.

In conducting courtroom examinations into a person's race, one court required the witness to remove his shoes, it having been asserted that persons of color have a peculiar configuration of foot.

Another court required a woman to bare her breasts to the jury, following testimony that the nipples of colored women lack a pinkish pigmentation said to be found in white women only.

Appearance is important
In many parts of the U.S.A., your race may be judged by the, clothes you wear, the way you cut your hair, or the language or accent in which you speak.

If you are a white man and wish to avoid the many disabilities and hazards incumbent upon being nonwhite, you should avoid wearing anything suggestive of the so-called zoot-suit, whose distinguishing characteristics are a drape coat and peg trousers. The white community has come to look upon the zoot-suit as a badge of rebellion against its style dictates, and consequently not even a white person may wear one with impunity.

In 1943 in Los Angeles, California, a number of people were killed, hundreds were injured and thousands were arrested for no other ostensible reason than that they were wearing zoot-suits. in fact, the affair is known -as the "Zoot-suit Riot". Most of the victims were of Mexican ancestry, although some were of Negro and Japanese antecedents. To cope with the situation, the Los Angeles City Council adopted a law forbidding the wearing of zoot-suits. Thousands of youths were caught in police dragnets (after being assaulted by gangs of U.S. servicemen), fingerprinted, photographed, their zoot-suits cut off, and their "Argentine ducktail" haircuts shaved.

Passing is Prohibited
In the 2.9 states having laws governing certain relations between whites and nonwhites, it is of course illegal for the latter to "pass" as the former, or vice versa, when such passing entails violation of the segregation or anti-miscegenation laws.

Nevertheless, an estimated five to eight million persons having some ascertainable amount of Negro blood have passed over into the white community, in order to enjoy the special privileges and immunities everywhere enjoyed by whites in the U.S.A. This explains what happened to the half-million. Persons who were registered as mulattoes in the Census of 1910, but as whites in 1920. Every year an estimated 50,000 Americans make this changeover. To facilitate such passing, a giant multi-million-dollar industry for skin bleaching, hair straightening, and plastic surgery has developed.

When Jay Jones, a Creole native of New Orleans, applied at the Bureau of Vital Statistics for a copy of his birth certificate, the clerk discovered that on the original form the space for designating Jones' race had somehow been left blank.

"What is your race?" she asked Jones.
"What do you mean?" Jones countered. "I don't know-does it matter?"
"Why yes, we must put down either white or Negro."
"I don't think I'm either one."
"But you must put down something," the clerk insisted.
"Well, which one offers the most advantages?" Jones asked.

At that, the clerk handed him his birth certificate-the space for indicating race still blank.

For such "raceless" individuals to be at large in the segregated territory is said to create quite a problem for the law enforcement authorities; and it is to liquidate this legal problem that the laws are so stringently drawn for the specification of every individual's race according to fixed formulas. Every effort is made to eliminate the factor of "reasonable doubt" in the determination of race.

The advantages of passing are psychological, social, economic, political, and biological. In the matter of health and longevity, the advantages of living a white life are manifest. Because of their color whites enjoy better living conditions, sanitation, public health services, and medical facilities. The results are interesting.

For instance, if you live the life of a white the chances arc that you will live ten years longer than if you lived the life of a Negro.

As a white, there are Only 43 chances out of 1,000 that your children will die at birth, as compared to 72 chances if you were a Negro. Moreover, the odds of your dying while giving birth are only 3 Out Of 1,000 if white, 8 if Negro.

Negroes are five times as likely as whites to contract tuberculosis, eight times as apt to get syphilis.

It Pays to Be Un-American, Sometimes

Interestingly, you will find that foreign born nonwhites are sometimes extended all the privileges enjoyed by white Americans, while native-born nonwhites are relegated to second class citizenship.

Thus, if you are an American nonwhite you may be able to achieve emancipation merely by affecting some foreign dress, accent, and a superior air.

The Rev. Jesse W. Routte of Jamaica, New York, found that by donning a turban and affecting a "slight Swedish accent" he could travel freely as a white man throughout the segregated territory, where he was treated as a "visiting dignitary". In conversing with whites he was careful not to forget his affected accent, lest he be "late getting home".

The affectation of a foreign accent has also proven effective in gaining admission to restaurants, hotels, and theatres which cater to whites only, in the nation's capital as elsewhere. If you are nonwhite, you may want to acquire some knowledge of a foreign language, such as Spanish, to this end.

A further example of the way it pays to look un-American took place, when a group of 29 students from the University of Ohio-including natives of India, Brazil, Argentina, China, Norway, and Turkeyarranged through the Young Men's Christian Association to visit the' nation's capital. When, upon their arrival, it was discovered that several of the Americans were Negroes, YMCA. officials insisted, that they be quartered in the Negro branch of the organization.