84 P. 382 | Kan. | 1906
The opinion of the court was delivered by
There was some attempt to show that the child was denied admittance to Mr. Werner’s room for the reason that there was no unoccupied seat there,
It is contended that the plaintiff is not the real party in interest, and hence is not entitled to maintain this action. In this state a parent is required by law to send his children of certain ages to school, and may be prosecuted criminally for his failure so to do. While several similar cases have been maintained in the name of the parent in this court, it does not appear that this question was raised therein. (Billard v. Board of Education, 69 Kan. 53, 76 Pac. 422, 66 L. R. A. 166, 105 Am. St. Rep. 148; Board of Education v. Tinnon, 26 Kan. 1; Knox v. Board of Education, 45 Kan. 152, 25 Pac. 616, 11 L. R. A. 830.)
Authority is not wanting for this procedure. (See The People v. The Board of Education of Detroit, 18 Mich. 400; State ex rel. Bowe v. Board of Education of the City of Fond du Lac, 63 Wis. 234, 23 N. W. 102, 53 Am. Rep. 282.)
. It is not contended that there is any statute in this state authorizing boards of education of cities of the second class to establish separate schools for the education of white and colored children. In the absence of such a statute it has been decided by this court that no such power exists, and we adhere to these decisions as expressing the law of this state. (Board of Education v. Tinnon, supra; Knox v. Board of Education, supra,)
The peremptory writ of mandamus is allowed, as prayed for, with costs.