Smith v. Directors of the Ind. Sch. Dist.

Schools: exclusion on account of colok. A pupil, otherwise eligible, cannot be excluded from the public schools of this state on account of his color, nor, if colored, can he be compelled to attend a separate school for colored children. Following Clark v. The Board of Directors, etc., 24 Iowa, 266.

Appeal from Lee Gireuii Qoxwt. This is a proceeding for mandamus. The plaintiff avers that he is a boy aged about sixteen years, is of African descent, a citizen of Keokuk, has attended the graded schools there for several years, has passed the examination requisite to entitle him to admission to the high school, and is of good moral character and otherwise entitled to admission there; that the defendants are directors of said school district, and refuse plaintiff admission thereto because of his descent and color. The defendants admit the age, residence, descent, examination, qualification, moral character and color of the plaintiff as stated, and also their refusal to admit him to the high school; but they deny that such refusal was because of plaintiff’s descent or color, and ayer that the high school room or building proper was full, and that they had provided for the instruction of the plaintiff and other colored children in all the high school studies and by a competent teacher, in another room or building within the district; that the citizens of the city and district are opposed to mixed schools, and to admit colored pupils with the white would destroy the harmony and impair the usefulness of the high school. The pleadings are very extended, covering near thirty pages of printed matter, but the foregoing comprehends the substance thereof. The cause was tried to the court, who found the facts and thereon rendered judgment for the plaintiff, and ordered a peremptory mandamus as prayed. The defendants appeal.