Romero

The above appeals are from a decision of the district court, 131 F.Supp. 818 , refusing to consider complaints in class actions brought, with one exception, in behalf of persons of Mexican or the Negro race. The exception is the complaint of Charles W. Ervin, a white person, claiming his white child was segregated from a school wrongly limited to Negro and Mexican descended children, and compelled to attend a more distant school of white children.

All allege a segregation in public school facilities on the basis of race or color and seek relief under 8 U.S.C.A. § 43 (now 42 U.S.C.A. § 1983 ), commonly known as the Civil Rights Act, 28 U.S.C. § 1343 (3) and the Fourteenth Amendment, which all the parties agree give the Federal District Court jurisdiction to entertain the action.

All the parties also are agreed that the decisions to refuse to consider the complaints are appealable. Apart from the agreement we hold these are appealable decisions.

All the parties further agree that no issue of law exists in California as to the violation of the Constitution in segregating children in the public schools on the basis of race or foreign descent, the laws of California prohibiting…