Legal Opinion · Dissent

School Dist. No. 7 v. Board of Com'rs of Creek County

Supreme Court of Oklahoma

Decided February 7, 1928No. 18373Published

1Dissent

BRANSON. C. ,T.

(dissenting on rehearing. ) The writer dissents to the opinion rendered herein. It subverts the common school law of the state, and its well-devised system for the separate common school education of whites and colored in Oklahoma.

The opinion confuses the right of individuals wilthin school age to participate in the state aid to schools, and the ownership of such state aid funds by municipal corporate subdivisions for use as by law directed. It can be justified only on the theory that each 'child owns the money. The statutes in aid thereof adhere to the constitutional…

2Cases cited6 opinions

  1. Montant Ex Rel. Haire v. RiceSupreme Court of the United States · 1907
  2. Frantz v. AutrySupreme Court of Oklahoma · 1907
  3. Board of Com'rs of Carter County v. School Dist. 19Supreme Court of Oklahoma · 1926
  4. Chicago, R. I. & P. Ry. Co. v. LaneSupreme Court of Oklahoma · 1917
  5. Going v. Atchison, T. & S. F. R. CO.Supreme Court of Oklahoma · 1923

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