Blake ex rel. Blake v. Board of Education

The opinion of the court was delivered by

MasoN, J.:

Albert W. Blake, a resident of a rural district of Labette county, 14 years of age, brings this original proceeding in mandamus against the board of education of the city of Parsons (situated in that county and having more than 16,000 inhabitants), asking that it be required to admit him as a pupil to its high school, without his paying tuition. The case is submitted for final disposition upon a motion to quash the alternative writ, the allegations of which are conceded to be true.

The decision turns upon the construction of what is known as…