Gong Lum v. Rice (1927)

January 19, 2007 
/ Contributed By: Malik Simba

Gong Lum Chinese students

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In this constitutional case, the U.S. Supreme Court, composed entirely of Bok Guey (whites), adjudged Hon Yen (Chinese) to be in the same social classification as Lo Mok (blacks).  The Supreme Court’s decision permitted the state of Mississippi to define Martha Lum as a member of the “colored races” so that “white schools” could remain segregated.  The origins of “Lotuses among the Magnolias” involved southern planters’ fears that emancipation had spoiled their newly freed slaves.  The question posed by planters was whether the freed people would work without the sting of the lash. Planters answered by recruiting Chinese labor and by 1900 the majority of coolie labor came from the “Sze Yap” or Four Counties district southwest of Canton in South China.

By the 1920s a thriving Chinese community had developed in Mississippi which now included school age children.  In 1924, Rosedale Consolidated High School forced Martha Gong Lum, daughter of a prosperous Chinese grocer, to leave school because of her ethnicity.  The Gong Lums sued but the Mississippi Supreme Court ruled, “Chinese are not white and must fall under the heading, colored races.”  On appeal to the U.S. Supreme Court, the Gong Lums listened as the high court justices agreed with the Mississippi court and stated, “Similar laws (of segregation) have been enacted by Congress under its general power…over the District of Columbia as well as by…many of the States…throughout the Union, both in the North and South.”

About the Author

Author Profile

Malik Simba received his Ph.D. in history from the University of Minnesota. He has held professorships in the departments of history at State University of New York at Binghamton and Clarion University in Pennsylvania. Presently, he is a senior professor and past chair of the History Department (2000-2003) at California State University-Fresno in California. Dr. Simba was awarded fellowships from the National Endowment for the Humanities in 1979, 1987, and 1990. He serves on the Board of the Ronald E. McNair Scholars Program at California State University-Fresno.

Dr. Simba is the author of Black Marxism and American Constitutionalism: From the Colonial Background through the Ascendancy of Barack Obama and the Dilemma of Black Lives Matter (4th edition, 2019). He has contributed numerous entries in the Encyclopedia of African History, Historical Encyclopedia of World Slavery, W. E. B. Du Bois Encyclopedia, Malcolm X Encyclopedia, African American Encyclopedia, and the Historical Dictionary of Civil Rights. Additionally, Dr. Simba has published the definitive analysis of race and law using critical legal theory in his “Gong Lum v. Rice: The Convergence of Law, Race, and Ethnicity” in American Mosaic. His essay, “Joel Augustus Rogers: Negro Historians in History, Time, and Space,” appeared in Afro-American in New York Life and History 30:2 (July 2006) as part of a Special Issue: “Street Scholars and Stepladder Radicals-A Harlem Tradition,” Guest Editor, Ralph L. Crowder. The essays on Rogers contributes to our knowledge of street scholars or historians without portfolios. Dr. Simba’s other published works include book reviews in the Chicago Tribune, Focus on Law Studies, and the Journal of Southwest Georgia History.

CITE THIS ENTRY IN APA FORMAT:

Simba, M. (2007, January 19). Gong Lum v. Rice (1927). BlackPast.org. https://www.blackpast.org/african-american-history/rice-gong-lum-v-1927/

Source of the Author's Information:

Malik Simba, “Gong Lum v. Rice: The Convergence of Law, Race, and Ethnicity,” in American Mosaic: Selected Readings on America’s Multicultural Heritage, eds. Young I. Song and Eugene C. Kim; James Loewen,Lotus among the Magnolias: The Mississippi Chinese, Jackson, MI; Mississippi University Press, 1960.

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