School Boards Cannot Exclude
Children of Mixed Blood
We are printing below the
opinion of Justice W. Harding,
U S. District Judge of the First
Division of Alaska, which speaks
for itself.
The facts brought out in the
trial were these;
On December 8th, 1928, th°
Ketchikan School Board adopted
a resulotion reading thus; “That
hereafter the Ketchikan School
Board would accept only those
students in this locality who are
not acceptable to the United
States Bureau of Education”.
This was just their way of say
ing that “hereafter no natives
(or Indians) would be admitted
to the Ketchikan Public School.”
Pursuant to this resulotion,
K. A. Kearns, the Superintend
ent, dismissed four Indian girls
including one Irene Jones. All
of these but one were in the
sixth grade and none were over
12 years of age.
At the trial of the case on a
writ of mandamus, the school
board changed their defense and
liied to show that the girl was
excluded because the room was
overcrowded and that she was
acceptable to the United States
Bureau of Education.
The evidence showed that
after the four girls were sent
out, Mr. Kearns had seven seats
taken out of the sixth grade
room taught by Miss Howe and
tnat there were still two vacant
seats there; and in the sixth
grade room taught by a Miss
Nelson, there were still five va
cant seats; and that there were
four students in the sixth grade
who lived outside the city limits
of Ketchikan.
The principles of law affirmed
by Judge Harding are not new,
-X
The principal point affirmed
in our view is this—that the
system of schools of Alaska were
established by virtue of an A.et
of Congress designated as sect
ion 70 of title 48 of the United
f-tates Code; that since Congress
had not provired for the segra
gation of the races, the Alaska
legislature could not do so.
This decision is a notable vic
tory for those who believe that
public schools are for the public.
THE OPINION
IN THE DISTRICT COURT FOR THE DISTRICT-OF ALASKA
DIVISION NUMBER ONE AT JUNEAU
IRENE JONES, a minor appearing by and )
through Paul Jones, Guardian ad Li tom, )
Plaintiff ) No. 1323 K. A.
vs 1 OPINION
R. V. Ellis, P. J. Gilmore, Mrs. A. Carlson, as )
the School Board oi the incorporated City of )
Ketchikan, Alaska, Defendants )
This case came on for hearing upon the answer of defendant
to the alternative writ of mandamus issued in this cause and
plaintiff’s reply to said answer and upon the issues evidence was
introduced.
Under the stipulation in this case, it appears that Irene Jones,
who appeared thru her guardian, ad litem, Paul Jones, is a child
of mixed blood who leads a civilized life.
The power of the legislature of Alaska to provide for schools
in the territory, is- derived from Section 70, Title 48 USCA which
provides that:
“The legislature of Alaska is empowered to establish
and maintain schools for white and colored children
and children of mixed blood who lead a civilized life in said terri
tory and to make appropriations of territorial funds for that pur
pose.”
It is under this section that the schools of Ketchikan came into
being. The legislature power of the Territory of Alaska with re
gard to schools derived from this section makes no provision as to
the segragation of races nor does it refer to the race or color of
the children to be provided for in the municipal schools and such
act must necessarily be construed in the light of the section quot
ed limiting the authority of the legislature to provide schools for
white and colored children and children of mixed blood. There
fore, the child, Irene Jones, had a legal right to attend the terri
torial schools in Ketchikan.
The general right of children of mixed blood to attend the city
schools has been virtually conceded in the argument in this case
and that such is the general practice is shown by the pleadings.
The contention has been advanced, however, that due to the over
crowded condition of the sixth grade in Ketchikan, it was neces
sary to exclude Irene Jones and that being a child of mixed blood
she could attend the school for Indian children operated under