284 P. 363 | Kan. | 1930
The opinion of the court was delivered by
This is an action to enjoin the board of education of the city of Topeka, a city of the first class, from interfering with the attendance of Wilhemina Wright, a colored pupil, at Randolph school, a school maintained for white pupils, and transferring her as a pupil to the Buchanan school, a school maintained for colored pupils. After a hearing on the merits the court denied the injunction. Plaintiff has appealed.
For the reason that it is not necessary to a decision in the case, we pass by the question raised by appellees that injunction is not a proper remedy in such case, but that the action should have been one in mandamus.
Our statute (R. S. 72-1724) authorizes the boards of education in cities of the first class to organize and maintain separate schools for the education of white and colored children. This statute is valid. (Board of Education v. Welch, 51 Kan. 792, 33 Pac. 654; Reynolds v. Board of Education, 66 Kan. 672, 72 Pac. 724.) In accordance with it defendant for many years has maintained separate schools (for other than high-school students) for white and colored pupils. Plaintiff lives within a few blocks of Randolph school, and it is convenient for her to attend school there. Buchanan school is some
The judgment of the court below is affirmed.