The Alaska daily empire., 1921-01-06

expense incident to the influenza epidemics.
 Different From Oklahoma. =.
 "The situation in Alaska is entirely different from that existing in Okla homa which MT. Hawkesworth has taken as a basis of comparison. To use it is manifestly unfair to Alaska
 Up To School Boards
 "In putting the policy of the Bu- reau into operation, it will largely rest with the local school boards as to the substitution of Territorial schools for those now maintained by the Bureau of Education. If the school boards do not desire the inter mixing of whites with Natives and mixed bloods in the cChools, they have the authority to prevent it.
 "The case of Davis Vs. S.txa School Board has been accepted as authority in such instances. This case was tried before the late Jldge Royal A Gunnison in this city in 1908. Judge James Wickersham in Alaska Reports gives this case as follows:
 "'Dora and Teller Davis are the children of Fred Davis, deceased, who was a full blood Stka Indian and of his wife who was of mixed white and Indian blood. Their par ents were legally m1rr,ed in 189e lrd both children were born in lawful wedlock are of mixed blood. After the death of their father, their mothe married Rudolph Walton. a full blood Sitka Indian, who is guardian ad litem of the children in the case Walton owns a house in the native village lying on the outskirts of the town of Sitka in which he manu- factlres and sells Indian curios and he pays a license as merchant under the laws of Alaska Ha rents box in the postoffice and worked put hs road t.X when warned !I the oyerseer He and his family have adopted the white mans sty!G of dress. He is an industrious. I9v abiding, intelligent Native. He con ducts a business according to civil ized methods even to the installation of an expensive cash register. He speaks; reads and writes the Eng fish language. The Waltons are members of the Presbyterian churca. What is the manner of their life, their domestic habits, and who are their associates does not appear in evidence in the case
 Held that. while the Davis child ren are of mixed blood they do not lead a civilized life, within the meaning of Section T. Act of Con gress of January P, 1905 (Stat., GIT, c. 270, so as to entitle them to at tend the public schools maintained for white children and children of mixed bloods who lead civilized lives
 "'Held, that pandamus will not lie to compel the school board of Stka to admit such children to the publis schools therein: l. appearing that the Government maintained separate school for Indians and Es- kimos, Under the direction and con trol of the Secretary of the Interior This case" continued Gov. Riggs, "has been commented on by Charles D. Mahaffey Solicitor of the Depart ment of Interior. in a decision Fen- dered by him on December 12. 1919, in which he says Under that decis- ion, the number of mixed Lioods who could be admitted to schools support ed by Territorial funds would appar- ently be negligible
 Tn speaking of the Federal laws. particularly of the Act of Congre5s of January 27, 1905, MT Mahaffey said further: which Act provides further that schools for and among Eskimos and Indians of Alaska shall be provided for by annual appropria- tion, from the Federal Government
 Thus the status of the Territor- ial and Nelson schools" stated Gov Riggs. "as well as that of those sup ported by the Bureau of Education is apparently firmly established Under the Organic Act. the power to amend the Act of January 27, 1905. is specifically prohibited to the Ter ritorial Legislature"
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