The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-04-06
POPS KNOCKED OUT
THEIR VERY FIRST ROUND WITH
THETERRITORY COURTS.

IHElR VbhY flhSI hUUNp WI d
THE TERRITORY COURTS.
They are Not Nearly Smart as They
Thought They Were when They
Passed the Separate Schools Act in the
Fourth legislative Assembly = Judge
Lot of Thinkers Who Don't Know How to
Say What They Think They hIean-An
Important Judicial Decision.
Guthrie, o. T., April 5.-(SpeciaL)-
The session laws of the Fourth legislat-
i've assembly are still imprinted, yet one
Of them has already been declared null
and void by an associate justice of the
supreme court Of this territory, and thus
one Of the pet measures OF the negro
hating Demo-POp party has been put TO
seen by the decision Of a Democratic
judge-Judge Keaton, who was the most.
recent OF Cleveland's judicial appoint
ments in Oklahoma, succeeding Judge
Scott.
The action came up on a mandamus
proceeding to compel the board Of cleo
lien commissioners of Oklahoma City TO
provide separate ballots and ballot
boxes for the cclored voters, as the new
law provided for the election Of a white
and colored school board-a sort Of
double-headed affair, as it were. The
petitioners were represented by ]. L.
Brown. ex-cOunty attorney, and Senator
J. w Johnson and T. G. Chambers rep
resented the election board. The hearing
took place Saturday night and during
the arguments which followed, the per
tlnent questions put to the attorneys
brought out and developed the ludicrous-
" stupid incongruities Of the lava fit
specimen Of Pop legislation. Even Sem
ator Johnson, who assisted in framing
the measure and who took a prominent
part in the debates, was obliged to ad-
nit that. as construed by the court, the
provisions were conflicting. but as an
apology for the ignorance Of the legislat-
ure he insisted that the law was not in
tended TO apply to cities of the first
class as 20 requiring separate school
boards, and that the omission Of this
provision was an oversight. The old
school law provided that separate
schools for the races might be provided
by a vote of the people OF any county,
and the levy Of school tax by the
county commissioners. The new law re-
pealed the old statute, but failed to
make any provision for the levying Of a
school tax When the attention of the
lawyers was called to this oversight
they rather weakly argued that the
school boards might levy the tax, an
argument which the court refused TO en-
terrain. Judge Keaton, in the course of
his decision, which was orally rendered,
said he could not conceive of a harmoni-
Gus control Of school affairs under the
new law any more than he could con-
ceive of q harmonious administration Of
the affairs Of city with two mayors
ard two city councils. This law, he
said. provides for a white school board
and colored school board, each having
equal power with the other, consequent
H. each would have the power to erect
school buildings. issue bonds, etc, to the
very great injury of the tax payers.
who would soon be overburdened with
an enormous school tax. There were
other features of the law equally incon- |
gruous, he said, but this one feature was
sufficient 10 render 1t Imperative; con- |
sequentiy he would not only deny the |
writ of mayd2maus, but declare the law !
null and I'D.
When asked as TO the effect of the |
courts decision that the new law is null |
nrd void Attorney Brown said 1t I'M |
questionably abrogated the policy of !
separate schools; that in any district |
wheIe a colored Child was denied attend |
ance at a white school, the parents had |
a right to enforce the acceptance of the |
child as a pupil by mandamus proceed |
ings.
Judge Keaton, however. does not agree |
with this view of the matter. 1t is true |
that the new law repealed the Old he |
said but the decision multiplying the new |
law carries with the repeating clause, |
consequently the old statute, which pro
vides for separate schools in counties |
where the voters so elect, continues in |
full force ana effect the same as though |