Legal Opinion

Cartwright v. Board of Education

Supreme Court of Kansas

Decided February 10, 1906No. 14,249PublishedCited by 5 opinions

Original proceeding in mandamus. STATEMENT. This is an original proceeding in which the plaintiff seeks a peremptory writ of mandamus to compel the defendant, the board of education of the city of Coffeyville, to admit his daughter, Eva Cartwright, to the sixth grade of the public schools of that city and to the room and class taught by the white teacher, E. E. Werner.

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Original proceeding in mandamus. STATEMENT. This is an original proceeding in which the plaintiff seeks a peremptory writ of mandamus to compel the defendant, the board of education of the city of Coffeyville, to admit his daughter, Eva Cartwright, to the sixth grade of the public schools of that city and to the room and class taught by the white teacher, E. E. Werner. It appears from the agreed statement of facts and the evidence that the plaintiff is a citizen of the United States and resides in the city of Coffeyville, near the school in question; that his daughter is fifteen years of age…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

There was some attempt to show that the child was denied admittance to Mr. Werner’s room for the reason that there was no unoccupied seat there, *34while in Dodd’s room there was an abundance of seats; also, that the teacher did not reject the pupil by direction of the board of education. The teacher testified that he received more white pupils soon after this girl was rejected, and we think the evidence shows that the board of education maintained separate schools for white and colored children of the same grade, and that they were separated by…

2Cases cited5 opinions

  1. People ex rel. Workman v. Board of EducationMichigan Supreme Court · 1869
  2. Billard v. Board of EducationSupreme Court of Kansas · 1904
  3. Board of Education v. Tinnon ex rel. TinnonSupreme Court of Kansas · 1881
  4. Knox ex rel. Knox v. Board of EducationSupreme Court of Kansas · 1891
  5. State ex rel. Bowe v. Board of EducationWisconsin Supreme Court · 1885

3Cited by5 opinions

  1. Kern v. City Commissioners of NewtonSupreme Court of Kansas · 1938
  2. Rowles v. Board of EducationSupreme Court of Kansas · 1907
  3. Thurman-Watts v. Board of EducationSupreme Court of Kansas · 1924
  4. Woolridge v. Board of EducationSupreme Court of Kansas · 1916
  5. Cameron Ex Rel. Williamson v. Board of EducationSupreme Court of Kansas · 1957

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