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SLIDE 1

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mrOR ABOUt THE 3RO

• DAY. orzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA
• S-El'iEl1m

1929, MY

AUNT~ IRENE

JONES

PRrSEtJTED "ERS-ELF FOR ADMISSION TO 6TH GRADE AT'MAIN SCHOOL. NETtiE JONES

,.

TWO DAYS

LATER SHE WAS SENT HOME

BY MR.

KARNES, SUPERINTENDENT,

ON

THE GROUNDS THAT SHE

WAS, Of

INDIAN DESCENT AND THAT

ALL LIKE

HER SHOULD

GO TOO. I RENE

AND

HER FAM IL Y

WENT TO THE SCHOOL

BOARD

TO REQUEST THAT 'RENE 9E ADMITTED. THE REQUEST WAS DENIED WITH THE STATEMENT FROM tlfE

CLERK

OF THE SCHOOL

BOARD

THAT IF IRENE WAS ADMITTED, THEY WOULO HAVE TO ADMIT ALL THE REST OF THE INDIAN CHILDREN.

SLIDE 2

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NOT EDT HAT P RIO RiO T HzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

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KARNES, THE

"I

SUPEH JNTENDENT, HAD ALSO DENI EO S tMON BOOTH"' S DAUGHTER ADM ITTANCE. ON SEPTEMBER 10,

1929,

THE

JONES

I

TOOK

THEI·R

CASE

TO COURT BECAlJSE 'RENE

JONES

(W.10 WAS

BORN OF PARENTS OF MIXED WHITE AND INDIAN

BLOOD, WHO

LEADS

A

CIVILIZED

LIFE)

VS

R.V. ELLIS,

P.J.' GILMORE

THEY FELT THAT IRENE'S RIGHTS ~AD BEEN INFRINGED UPON. THE COURT DOCUMENTS

THAT

WERE FILED READ: AND HRS. AXEL CARLSON AS

THE'

SCHOOL

BOARn

OF THE INCORPORATED CITY OF KETCHIKAN ALASKA.

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SLIDE 3

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BACK iN THOSE DAYS THERE WERE 3 GRADE SCHOOLS: WHITE CLIFF, T"E

I

C I TV SCHOOL Og_}!l!AT WAS BETTER KNOWN AS liMA

IN

SCHOOLlI AND

THE· . ,

INDIAN SCHOOL. ALL CHILDREN OF SCHOOL AGE WERE SUPPOSED TO BE ACCEPTED AS PUPILS WHETHER THEY WERE WHITE OR HLXED WHITE AND

I f4D I A H •

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SLIDE 4

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THE SCHOOL SOARD TRIED TO MAINTAIN THAT BY ADMITTING: IRENE, THE MAIN SCHOOL 6TH GRADE CLASS WOULD BE TOO CROWDED, AND THAT THIS WOULD BE DETRIMENTAL TO EVERYONE. THEREFORE SHE WAS TOLD TO ENROLL IN THE INDIAN SCHOOL WHICH ~AS THE SCHOOL NEAREST HER RESIDENCE. THEY SAID THAT SHE WOULO BE BETTER OFF BECAUSE THE INDJAN SCHOOL WAS NOT OVER-CROWDED ANB THE INSTRUCTION WAS EQUALLY QUALIFIED TO TEACH HER.zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

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SLIDE 5

MY GRANDMOTHER NETTIE WOULD NOTzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

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THLfNGET BECAME IRENE'S ATTORNEY. AFTER SEEING THE RESPONSE OF THE SCHOOL BOARD, WILLIAM PAUL SIGNED_A MOTrON TO STR_IKE AKSWER BECAUSE THE RESPONSE TO THEIR COMPLAINT WAS A SHAM, FRIVILOUS

ANO-AN

tRRELE- VANT ANSWER.

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SLIDE 6

ON OCTOBER ~, WILLIAMzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

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P AU LzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

f\ ASK ED-

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FOR

• A. MOTION

TO RE-OPEN FOR THE INTRODUCTION OF NEWLY DISCOVERED EVIDENCE NOT WITHIN THE KNOW~EDGE OF THE PLAINTIFF AT THE TIME OF THE TRJAL. MRS. FRANCES PAUL HAD CALLED UPON THE SUPERINTENDENT AND REQUESTED A 'LIST OF THE ?UPILS NOW IN 5TH AND 6TH GR~DE

• OF

MAIN SCHOOL AND FROM THESE RECORDS IT APPEARED THAT

4 STUDENTS

RESIDING AT SAXMAN, GRAVINA ISLAND AND THE BALL PARK~ RESIDED OUTSIDE THE 80UNDARIES OF TH~ KETCHIKAN SCHOOL DISTRICT. ACCEPTING THESE STUDENTS WAS OPTIONAL ON THE SCHOOL BOARDS PART. IRENE HAD MORE OF A RIGHT TO ATTEND THAN THEY DID. AS PART OF IRENE'S CASE THEY SAtD: liTHE 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 TERRITORY AND TO MAKE APPROPRIA- TIONS OF TERRITORIAL FUNDS FOR THAT PURPOSE."

..

SLIDE 7

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I: T MAD E N0 ~ R0 V I S ION ~.S TOT U ESE GREG A I ION 0 F

RAe 1: S~Rn

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IT

REF E R '0zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

THE

HACE OR COLOR

• r

CHILDREN TO BE PROVIDED FOR IN THE

MUNICIPAL .CHOOLS.

THEREFORE

IRENE HAD A

LEGAL HIGHT

TO

P.TTEND THT

TERR

ITOR

IAL

CHOOLS

iN KETCHIKAN.

THE SCHOOL

BOARD

COULD

NOT

DEMONSTRATE THAT THE

.ETCH I Kf\.N SCHOOLS

~4EHF.

OVER-CROWDED

TO

SUCH AN

EXTENT

,noS TO

WARRANT . 'UE EXCLUSION OF ANY CHILD NOR DID

IT

SHO\t/ THAT

OTHER

SCHOOL

ROOM

WAS

OT AVAILABLE OP. THAT FUNDS WERE NOT AVAILABLE FOR THE HIRE OF ADDITIO- A L T EzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

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E R S TOT A K [ C H A RG E 0 FAN Y 0 V E R - C ROW 0 E 0 CON D I T ION I NTH E

ETCHIKAN SCHOOLS.

30

IN A

CLASSROOM

WAS

A

STANDARD ADOPTED

BY

THE

• nTH \~

EST

,A, S S (1 C , J\ T I IiN

FOR

Ace RED I TED

S C H0 0 L SAN THE S CH0 0 LBO A ROW A S MEt~I3ER

• r

THAT ASSOCIATION.

AT THE

TIME OF THE HEARIN.G, THE SCHOOL

OARD HAD 33. PUPILS IN A CLASSROOK.

THEIR

CONTENTION

WAS THAT

BECAUSE

R ENE QUA L , FIE

u

TOG TOT H E IND· I AN S C H0 0 L, SHE SH0 U L 0 00. SO'· TO H E L P LLEVIATE THE

OVER-CROWDING SITUATION.

SLIDE 8

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IRENE TESTIFIED THAT

ON

THE

• OAY

SHE A_NO HER

SISTER.

ERNESTINE JON-ES

• AND.JANET

AND NELLIE KENNEDY

WEN'r

TO MAIN SCHOOL, THERE

WERE EMPTY

.

.

SEATS.

SHE SAID

THAT THE

SUPERINTENDENT SAID

THAT

HE WAS SENDING

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t·, TOT

If EG'O

V ERN MEN T S C H 0 0t BEe AU S E ITWA S N EAR E ~ A ~ D T HAT H E

INTENDED

TO SEND THE REST OF r.IE NATJVES OVER

TO THAT SCHOOL ANYWAY.

WILLIAM PAUL, IRENE'S ATTORNEY, ARGUED THAT THE ACTION OF

THE

SCHOOL

OF A LAW TO THE EXCLUSION OF A CLASS FROM ITS

PROVISIONS EVEN WHERE AUTHORITIES

WAS BASED ON

RACE DISCRIMINATION AND

NOT

UPON ANY CON- SIDERATION OF ANY

OVER-CROWDING

OF THE

SCHOOLS.

HE POINTED OUT THAT

TME

PREVIOUS YEAR THEY HAD 50 STUDENTS IN A

5tH

~RADE CLASS. HE ALSO ARGUED THAT DISCRIMINATION CAN BE SHOWN BY

FACTS

AND THE

APPLICATION

THOSE PROVISIONS ARE NOT IN THEMSELVES DISCRIMINATORY AND THAT HAS

f

SLIDE 9

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" .

BEEN HELD TO BE WITHIN THE TERMS OF THE 14TH AMENDMENT,· IN THE ABSENCE OF LEGISLATION PERMITTING SCHOOL BOARDS TO ESTABLISH SEPARATE SCHOOLS FOR WHITE AND COLORED CHILDREN, IT IS THE GENERAL RULE TH~T'THE PUBLIC AUTHORITIES HAVE NO POWER TO COMPEL SUCH SEPARATION. THERE WAS ALSO NO EVIDENCE TO SHOW THAT THE INDIAN SCHOOL WAS ACCREDITED. IT WAS ALSO POINTED OUT THAT IF THE SCHOOLS WERE OVER-CROWDED. THAT IT SHOULD HAVE BEEN POINTED OUT TO THE CITY COUNCIL AS fT· WAS THEI~ RES- PONSIBILITY TO PROVIDE SUITABLE QUARTERS TO RELIEVE SO STATED CON~ES- TION.

.

.

.._-

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SLIDE 10

THE PRE SID E NT

0 F

THE

UNIT

E 0 S TAT EST

• R. V.

ELL IS, P. J ~ , ~ I l M0 R E,

A"NO".'M:irs:,;~:zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

, · .:. :;,::'7': ,',"

::')0:; ';:;: AXEL CARLSQN, AS THE SCHOOL BOARD OF THE INCORPORATED CITY OF KETCttrKAN'~<-;~zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

.i;>//t~i;Wl~

• WHER EAS,

, I T MA\._./N I F ES-l -l-Y A P PEA R S FRO M THE 0 P'I N I 0'N R END ERE 0 ,8 Y

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I NTH E ABO VEE N TIT LED CAS E AND 0 U L Y F I LED T HAT THE 0 E F -E NO A tl T SHE R E ft.(,:~,:",'><'~-:W~~{,;>

,,, ,>t-,~,~~'h~~~,2J;~~;tk HA V E FA I LED

TO S H 0 \-/ CAU SEW HY THE Y S H0 U L D NOT ADM ITT H E P L A I NT I F 'F •. A,~;(~:V,

g~f1i .. ~ , , ~: (9',::{;::;~~:";')Yf~~~t4~

IRENE JONES, TO THE PUBLIC 'SCHOOLS OF THE CITY OF KETCHfKAN UNOER,,::~H1!:"I:~-B~it}~

, ")::,:~~::: .. ..:i~~r~~0~:

JURISDICTION AND THAT,THE ALTERNATIVE \.JRIT OF MANDAMUS HERETOFORE:

J"~S:S.OE,,n,)~

IN

THIS CAUSE SHOULD BE MADE ABSOLUTE: THEREFORE, WEzyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

00

COMMAND YOU, THAT IMMEDIATELY AFTER THE

, '. -;:;:::;//,:'i,,::,·:~;tj

THIS WRIT, YOU DO ADMIT SUCH IRENE JONI'iS TO THE PUBLIC SCHOOLS OF'rHE,,>':,~r~;~:,;, CITY OF KETCHIKAN, AND OF THIS WRIT AND WHAT YOU HAVE DONE THEREUND.E;'R,:;;~~·'~

.

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T HIS WA S THE' 0 E C , S iON

(p R E EM PTOR 'f

WR ITO F MAN 0 AM US) ,_.-:.' - '--~ ~=

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ALAS KA:, GREET'ING. MAKE

DUE

RETURN ON OR BEFORE A SPECIFfEO DAY

IN

NOVEMBER,

1929.

WITNESS, TH£ HON. JUSTIN

W,

HARDING, JUDGE OF THE O'ISTRICT COURT

OF

THE DISTRICT OF ALASKA,

AND

THE SEAL OF THIS COURT,

THIS 20TH DAY

OF NOV EM- BER,

1929. ..