NEGR O. A black man descended from the black race of Southern Africa; it has been held not to include a mulatto ; Felix v. State, 18 Ala. 726. A negro is defined by statute in Alabama, Kentucky, Maryland, Mississippi, North Carolina, Tennessee and Texas as a person of color who is descended from a negro to the third generation inclu sive, though one ancestor in each generation may have been white; in Florida, Georgia, Indiana, Minnesota, Missouri and South Carolina, where there is as much as one eighth negro blood; in Nebraska and Oregon, one-fourth, and so apparently in Virginia and Michigan. It was held in Monroe v. Collins, 17 Ohio St. 665, that if white blood predominates the person is to be consid ered white. If one was a slave before 1865, it is presumed that he is a negro; McMillan v. School Committee, 107 N. C. 609, 12 S. E. 330, 10 L. R. A. 823; if it appears that a person usually associates with negroes, it is evidence that he is one; Hopkins v. Bowers, 111 N. C. 175, 16 S. E. 1;
and if it appears that a woman's first hus band was a white man, it is evidence tend ing to prove that she is a white woman ; Bell v. State, 33 Tex. Cr. R. 163, 25 S. W. 769.
Compelling a sheriff with a negro prisoner to ride in a negro coach is not actionable; Gulf, C. & S. F. R. Co. v. Sharman (Tex.) 158 S. W. 1045. An ordinance making it un lawful for a colored person to reside upon a street where the greater number of houses are occupied by whites, is invalid; State v. Darnell (N. C.) 81 S. E. 338.
See 43 Am. L. Rev. 29, where the subject of Race Distinctions is fully treated by Gilbert S. Stephenson (since published in book form).
See MIXED JURY ; Crvii RIGHTS ; MISCEGE NATION; EQUAL PROTECTION OF THE LAWS ; CONSTITUTION OF THE UNITED STATES; WHITE PERSONS.