- I zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA .\ NETtiE - PowerPoint PPT Presentation

- I zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA .\ NETtiE JONES -S-El'iEl1m AUNT~ IRENE mrOR ABOUt THE 3RO DAY. or zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA 1929, MY JONES PRrSEtJTED "ERS-ELF FOR ADMISSION TO 6TH GRADE AT'MAIN SCHOOL. TWO DAYS LATER SHE WAS SENT HOME BY MR. KARNES, SUPERINTENDENT, ON WAS, Of ALL LIKE THE GROUNDS THAT SHE INDIAN DESCENT AND THAT 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 CLERK BOARD THE STATEMENT FROM tlfE OF THE SCHOOL THAT IF IRENE WAS ADMITTED, THEY WOULO HAVE TO ADMIT ALL THE REST OF THE INDIAN CHILDREN. ,.

( ITS·H 0 U L D B zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA NOT EDT HAT P RIO RiO T H zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA f\ T, J N zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA ,£ KARNES, THE "I ADM ITTANCE. S tMON SUPEH JNTENDENT, HAD ALSO DENI EO BOOTH"' S DAUGHTER 1929, JONES TOOK CASE ON SEPTEMBER 10, THE THEI·R TO COURT BECAlJSE I THEY FELT THAT IRENE'S RIGHTS ~AD BEEN INFRINGED UPON. THE COURT DOCUMENTS WERE FILED READ: THAT JONES (W.10 WAS BORN OF PARENTS OF MIXED WHITE AND INDIAN 'RENE BLOOD, WHO LEADS A CIVILIZED LIFE) VS R.V. ELLIS, P.J.' GILMORE AND HRS. AXEL CARLSON AS SCHOOL OF THE INCORPORATED CITY THE' BOARn OF KETCHIKAN ALASKA. ."'~~~~~~"~""""""""""II""~~ . , \ " .'

..... .... ~.~·.;m ... zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA ....... zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA ~~~«.v~~~~.; ... \..··~ I BACK iN THOSE DAYS THERE WERE GRADE SCHOOLS: WHITE CLIFF, T"E 3 IN THE· . , C I TV SCHOOL Og_}!l!AT WAS BETTER KNOWN AS liMA SCHOOLlI AND 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 • ~.

.. ,- zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA • ' • • _.~,.~~"'o''ff_'.1W"-",!-._~ 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 ~ ..

- . zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA .""._.,_..- . ~ ~ .,.~~ .. , . MY GRANDMOTHER NETTIE WOULD NOT zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA 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 tRRELE- ANO-AN VANT ANSWER. . .- - _ .. _,.. ~-~ -:-.-.-----" , jo, • • • \ -', \ \ .:

~tJ zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA v. , , . .,.. . • , ,. t _' ._~;". __ ., . \U" f\ ASK ED- ON OCTOBER ~, WILLIAM zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA FOR A. MOTION TO RE-OPEN FOR P AU L zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA 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 4 STUDENTS APPEARED THAT 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."

:"A'.: •• zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA #-·,.... , ..• • • •' ...... •...... ........... _ ... ·...... 3 RAe 1: S~Rn IT T MAD E N0 ~ R0 V I S ION ~.S TOT U ESE GREG A I ION 0 F 0 I 0 REF E R I: or THE '0 zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA HACE OR COLOR CHILDREN TO BE PROVIDED FOR IN THE MUNICIPAL .CHOOLS. IRENE HAD A TO TERR IAL THEREFORE LEGAL HIGHT P.TTEND THT ITOR iN KETCHIKAN. BOARD NOT CHOOLS THE SCHOOL COULD DEMONSTRATE THAT THE OVER-CROWDED WARRANT . .ETCH I Kf\.N SCHOOLS ~4EHF. TO SUCH AN EXTENT ,noS TO 'UE EXCLUSION OF ANY CHILD NOR DID SHO\t/ THAT SCHOOL WAS IT OTHER ROOM OT AVAILABLE OP. THAT FUNDS WERE NOT AVAILABLE FOR THE HIRE OF ADDITIO- J\ Ct·1 T E zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA A L 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 30 IN A WAS A BY ETCHIKAN SCHOOLS. CLASSROOM STANDARD ADOPTED THE o nTH \~ ,A, S S (1 C , J\ T I Ii N EST FOR Ace RED I TED S C H0 0 L SAN 0 THE S CH0 0 LBO A ROW A S or AT THE MEt~I3ER THAT ASSOCIATION. TIME OF THE HEARIN.G, THE SCHOOL OARD HAD PUPILS IN A CLASSROOK. CONTENTION BECAUSE 33. THEIR WAS THAT SO'· TO u QUA L , FIE R ENE TOG 0 TOT H E IND· I AN S C H0 0 L, SHE SH0 U L 0 00. H E L P OVER-CROWDING SITUATION. LLEVIATE THE

~ •• _•• zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA • ~1'i.''''''''''''.'''~ •.• "". f ....... zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA YA'":"'''''' • ••• f IRENE ON HER SISTER. TESTIFIED THAT THE -OAY SHE A_NO JON-ES ERNESTINE -AND.JANET NELLIE WEN'r WERE EMPTY AND KENNEDY TO MAIN SCHOOL, THERE . . SEATS. SHE SAID THAT THE SUPERINTENDENT SAID THAT HE WAS SENDING t·, TOT THE zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA If EG'O V ERN MEN T S C H 0 0 t BEe AU S E ITWA S N EAR E ~ A ~ D T HAT H E INTENDED TO THAT SCHOOL ANYWAY. TO SEND THE REST OF r.IE NATJVES OVER PAUL, THE WILLIAM IRENE'S ATTORNEY, ARGUED THAT THE ACTION OF SCHOOL AUTHORITIES WAS BASED ON RACE DISCRIMINATION AND NOT UPON ANY CON- SIDERATION OF ANY OVER-CROWDING OF THE SCHOOLS. HE POINTED OUT THAT TME 5tH PREVIOUS YEAR THEY HAD 50 STUDENTS IN A ~RADE CLASS. HE ALSO FACTS APPLICATION ARGUED THAT DISCRIMINATION CAN BE SHOWN BY AND THE EVEN OF A LAW TO THE EXCLUSION OF A CLASS FROM ITS PROVISIONS WHERE THOSE PROVISIONS ARE NOT IN THEMSELVES DISCRIMINATORY AND THAT HAS f

.... __.. _.#~_ 01',~ _ ..~,.;:.... ."'''''' zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA I 4 zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA 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 THE SCHOOLS WERE OVER-CROWDED. THAT IF 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. . . ... .._- " . . ' ....