Davis v. Sitka School Board
District Court, D. Alaska
A writ of mandamus is sought in this cause to require the defendants, comprising the School Board for the Sitka School District, to admit the plaintiffs to the Sitka school; it being contended by the plaintiffs that, by virtue of the provisions of the seventh section of the act of Congress entitled “An act to provide for the construction and maintenance of roads, the establishment and maintenance of schools, etc., in the district of Alaska,” and approved January 27, 1905 (33…
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A writ of mandamus is sought in this cause to require the defendants, comprising the School Board for the Sitka School District, to admit the plaintiffs to the Sitka school; it being contended by the plaintiffs that, by virtue of the provisions of the seventh section of the act of Congress entitled “An act to provide for the construction and maintenance of roads, the establishment and maintenance of schools, etc., in the district of Alaska,” and approved January 27, 1905 (33 Stat. 616),' they should be permitted to attend and receive instruction in the school thereunder established for the…
1Opinion of the Court
GUNNISON, District Judge.
The portions of the statute by virtue of which the Sitka school was established, and which *484bear on the present controversy, are in sections 5 and 7 of the act of 1905, supra. Section 5 provides that:
“The school district established outside of the towns shall contain not less than twenty white children between the ages of six and twenty years. * * * The petition shall be signed by not less than twelve persons of adult age who are citizens of the United States, or who have declared their intention to become such.”
Section 7 is as follows:
“Sec. 7. That the schools…
2Cases cited8 opinions
- United States v. HollidaySupreme Court of the United States · 1866
- People, Ex Rel. King v. . GallagherNew York Court of Appeals · 1883
- Farrell v. United StatesCourt of Appeals for the Eighth Circuit · 1901
- United States v. BoydCourt of Appeals for the Fourth Circuit · 1897
- United States v. HadleyU.S. Circuit Court for the District of Washington · 1900
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