Porter v. Commissioners of Kingfisher County
Supreme Court of Oklahoma
Original Proceeding in Mandamus. This action is brought by Eobert Porter, for himself and all other persons similarly situated, as an original proceeding in mandamus in this court, against the board of county commissioners of Kingfisher county, Oklahoma, and J. B. Ooekrill, county clerk of said county, to compel the said board of county commissioners to levy a suffic'ent tax to maintain separate schools for the colored children of said county, and to provide them with the…
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Original Proceeding in Mandamus. This action is brought by Eobert Porter, for himself and all other persons similarly situated, as an original proceeding in mandamus in this court, against the board of county commissioners of Kingfisher county, Oklahoma, and J. B. Ooekrill, county clerk of said county, to compel the said board of county commissioners to levy a suffic'ent tax to maintain separate schools for the colored children of said county, and to provide them with the same facilities as those provided for the schools for white children, and to compel the county clerk to spread said levy…
1Opinion of the Court
Opinion of the court by
Keaton, J.:
As clearly appears from the foregoing statement, the only controverted question presented in this case is one of law and requires a determination oi whether or not said art. 1, eh. 34, session laws, 1897, is valid. So much of this enactment as is necessary to be considered in order to properly pass upon the question as to whether it is valid or invalid, is as follows:
“Section 1. Whenever there shall be as many as eight colored children in any school district in the Territory of Oklahoma, there shall be a district formed for the education of colored children…
2Cases cited6 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- Taylor v. City of Fort WayneIndiana Supreme Court · 1874
- Sherman v. BuickSupreme Court of the United States · 1876
- Quinlon v. RogersMichigan Supreme Court · 1863
- Claybrook v. City of OwensboroDistrict Court, E.D. Kentucky · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ethics Commission v. CullisonSupreme Court of Oklahoma · 1993
- State v. PrinceNew Mexico Supreme Court · 1948
- Parshall v. StateCourt of Criminal Appeals of Texas · 1911
- Dean v. CrispCourt of Criminal Appeals of Oklahoma · 1975
- State Ex Rel. Burns v. SteelyCourt of Criminal Appeals of Oklahoma · 1979
6 more not listed; retrieve them via the Exa API.