Kern v. City Commissioners

The opinion of the court was delivered by

Smith, J.:

This is an original proceeding in mandamus whereby the plaintiff, a young citizen of African descent, seeks to compel the governing officials of the city of Newton and one Harold Hunt to admit him to the privileges of a swimming pool constructed with funds procured by a sale of municipal bonds voted by the electors of Newton in 1934.

This action was before this court once before. (See Kern v. Newton City Commissioners, 147 Kan. 471, 77 P. 2d 954.) In that action an alternative writ was issued, which counsel moved to quash on two grounds — that…