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HomeMy WebLinkAbout15-66 NOVEMBER TERM II I. I �I q C4 k I m \ m z r o D � - Q r z _ a m ->� < z D G) D Commonwealth ea rel. * In the Court of Common Pleas of Henry Young * Cumberland County, Pennsylvania. * VSO # No. November Term 1915. School District of the* Borough of Carlisle, * Pennsylvania. * PETITION FOR WRIT OF MANDAMUS. To the Honorable W. F. Sadler, President Judge of the Court of Common Pleas of the County of Cumberland. The petition of Henry Young of the Borough of Carlisle respectfully r©presents:-- That he resides in the Borough of Carlisle in the said County of Cumberland, and is the father of H• Earl Young, who is sixteen years of age, and who resides with your petitioner. That your petitioner is a colored man as is also his son, the said H. Earl Young. That the said Borough of Carlisle is a school district of the third class whose membership consists of the seven following school directors, to wit:. T. Grove Tritt, President, John D. Braught, Vice President, Samuel M. Good- year, Secretary, Clarence M. Liggett, Treasurer, John Lindner, George McMillan and $dwin E. Barsits. That the Superintendent of schools for the School District of the Borough of Carlisle is John C. Wagner. That prior to his residence in the said Borough of Carlisle your petitioner and his said son, together with the other members of his family, resided in the Borough of i Steelton, Dauphin County, Pennsylvania, in which said Borough his son was an attendant at the High School and did attend said high school until the close of the term in the month of June, 1915. That your petitioner on the fourth day of September, 1915, being then a resident of the said Borough of Carlisle, made application and demand on the said John C. Wagner, Superintendent , as aforesaid, for the admission of his said son, H. Earl Young, to the high school of the said Borough of Carlisle. That then and at that time the said John C. Wagner, Superintendent as aforesaid, refused to grant or give a permit to the said H. Earl Young for admission to the said high school for the reason that the said H. Earl Young was a colored boy. The said John C. Wagner, Superintendent as aforesaid, refused to examine the said H. Earl Young as to his fitness and qualifications, though then and there requested to do so, and stated that he would not permit the said H. Earl Young to enter the high school of said Borough for the reason that the same was attended by White persons only. That the said John C. Wagner, Superintendent as afore- said, did offer to give a permit to the said H. Earl Young for attendance at the "Lincoln Building' which is a school II� set apart for colored children only and absolutely denied him admission to the high school of the School District of the Borough of Carlisle. That on the fifteenth day of September, 19159 and again on the twenty-seventh day of September, 1915, your petitioner appeared before the school directors of the said Borough of Carlisle, at meetings held by said board of II 'I directors, and requested by application and demand to have his said son, H. Earl Young, admitted to the high school of said Borough. That on each of said dates admission was denied to the said H. Earl Young, though no reason was assigned therefor. That petitioner again made application to have his said son admitted to the high school of said district on the twenty-eighth day of September, 1915, and on the eleventh day of October, 1915, by making personal demand on the said John C. Wagner, Superintendent as aforesaid, and placing in the hands of the said John C. Wagner a certificate from Charles S. Davis, Superintendent of the school district of the Borough of Steelton, aforesaid, showing that H. Earl young, your petitioner's son, had satisfactorily completed the first two years in the Steelton High School and setting forth in detail the ourrioulum pursued and character of work done, a copy of which certificate is attached hereto and made a part hereof, marked Exhibit "A" • That on the last mentioned date, to wit; October, 11th 1915, your petitioner in making his application as aforesaid, selected the "Third Year Commercial Course" taught in the said Carlisle High School, and his application was again denied. Petitionet was then and there again informed that his said son was refused admittance to the high school of said district by reason of his color, and the said John C. Wagner, Superintendent as aforesaid, offered to admit. said petitioner's ,� which is the aforesaid school son to the yincolxt Building" , for colored children. That the course of study selected by your petitioner for his said son is not taught in said "Lincoln Building" and that admittance to the said "Lincoln Building" was not an& is not deeired by your petitioner nor his none That the aforesaid school directors of the School District of the Borough of Carlisle, Pennsylvania, and their superintendent of schools of said district refuse to admit H. Earl Young, your petitioner's son, to the high school in said district and are thus depriving him of the manifold advantages to be gained by attendance and in- structions in said school, which is the only school in said district equipped for instruction in the course selected by your petitioner for his said son. That the said H. Earl Young is refused admittance to the said sohool because he is a colored boy and that this is in violation of his rights and contrary to the School Code of the Commonwealth of Pennsylvania. Wherefore your petitioner, showing these facts and also that he is without other adequate and specific remedy at law, prays this Honorable Court to issue a writ of Vandamus directed to the Board of School Directors of the School District of the Borough of Carlisle, Pennsylvania, oomposed of the following *embers, to wit:- T. Grove Tritt, President, John D. Braught, Vice President, Samuel M. Good- ,i y6ar, Secretary, Clarence M. Liggett, Treasurer, John Lindner, George MoMillan and Edwin $• Bets+ and also to John C. Wagner, District Superintendent of the School District of the Borough of Carlisle, Pennsylvania, being all the members and officers of the Board of School Directors of the School District of the Borough of Carlisle, Pennsylvania, commanding the said Board of School Directors by its proper officer to admit his said son into the proper school of the said district, to wit;® the high school of the said Borough of Carlisle; or that a rule on said Board of 30hool Directors and its officers may be granted to show cause why a mandamus should not be issued for the purposes aforesaid. And your petitioner will ever pray, &c. i State of Pennsylvania * ss. County of Cumberland. Henry Young being duly sworn according to law deposes and says that the facts set forth in the foregoing petition are correct and true, to the best of his knowledge, information and belief. Sworn and subscribed before me # this a2/1 day of October 191b. Exhibit "A" . S teelton Pa. Sept. 21, 15. Supt. J. C. Wagner, Darlisle , Pa. Dear Sir: This will certify that H. Earl Young has satisfactorily completed the first two years in the Steelton High Sohool and has been in regular attendance thus far in his Jr. year. Following will indicate scope and character of work done with us= English Gram.&Comp. - Brubaker & Snyder 1 full term - daily sea. .80 Classics Studied Ivanhoe, Ilerch. of Venice & Snowbound .90 4 Periods per week for 9 mo. Classics : Read Treas. Island, Franklin's Autobiog. and let yr. Lady of Lake Orthog. - One period per week - lot year 87 Rhet. - Thomas & Hare - daily for 6 mo. 84 Classics 2d yr.-Studied Sir Launfal, Julius Caesar, 84 and Life of Johnson 3 mo. daily. Read Tale of Two Cities, Sketch Book, Idylls of Sing. Latin lot yr.--D'ooJe's Latin for Beg. - Completed-9 mo. daily 79 2d "-G. , Do. ,&D's 2d yr. Latin Comp. 1 day per week Math. 88 Algebra-Milve's Acad.emic»Comp.-2 yrs. daily 88 Geom.-Went.-Smith--2 Bks with orig.- 1 yrs." Science 83 Ele.Seienee - lot yr. - daily -- See Note Bk. -- 9 mo. 92 Biology - Hunter - Comp. " n " " " " Mech. Draw. - 2 yrs.-4 days per wk. -- See Plates. 74 Vocal Music - Drill & Chorus. 80 Please let me know if you desire further information. Very respectfully, Chas. S. Davis. NO. 166 NOVMIBER TERM, 1915 . 1 I t COl EONWEALTH EX REL. HENRY YOUNG vs . SCHOOL DI STRICT OF THE BOROUGH OF CART I SLE, PA. ANSWER TO ALT ER2NA T I VE WRIT ` OF MANDAMUS BY SCHOOL DIREC" TORS OF SCHOOL DISTRICT. I i I i CONRAO HAMBL.ETON ATTORNEY AND COUNSELLOR AT LAW CARLIS LE,PA. PNILO.6FLBV COMPANY, 431 CANAL 8TN[[T, NEW YORK 17 TH*t, CMJT�T O'G' '�'0 2-70N PLEAS OF CIA-l"PE"�T-A1TJ) COUT,FTY, k,'-H-YA. TTO. 166 , 1\TOV-"A".rBEW',ri mIIRM, 191b. C01'7MNWLVALTH OF P*"M`T,7SYLVA.FjIA, E'X '.;&,L HE7,'iRY YOUNG VS THE BOARD OF SCHOOL DIRECTCES OF THE SCHOOL DISTRICT OF THE BOROUGH OF CARLISLE, PENNA. T.GRMIE TRITT , PREbIDENT , ET. AL. , OFFICERS AND !&MBERS OF SAID BOARD AND JOHN C. WAGNER, DISTRICT SUPERINTENDENT OF THE SCHOOL DISTRICT OF T11' BOROUGH OF CARLIOL]';, PEIT.-ITSYLVA-"."IA. ANSWER TO ALTERNATIVE WRIT OF Tjt j`TDAj,'-, US. -------00000000------- TO THE HONORABLE W. F. SADLER, PRESIDENT AND SOLE JUDGE OF THE COURT OF CO'JIJ2,'.ON PLEAS OF CUTABERLA33D COUNTY. The Board of School Directors of the School District of the borough of Carlisle, by T. Grove Tritt, President of said Board, for himself and other officers and members of the said Board, defendant, makes answer as follows : 1. That your respondents admit that the said Henry Young and the said H. Earl Young are residents of the borough of Carlisle and belong to the colored race; and it is also admitted that the persons named in said writ as officers and members of the School Board of the Borough of Carlisle are correctly set forth in the said petition. 2. your respondents deny that the petitioner appeared before the said School Board of the District of Carlisle on the 15th and 27th days of September , 1915, but it is admitted that the said petitioner appeared before the said Board on one occasion subsequent to the times set forth above; it is admitted that the said Henry Young on the occasion that he appeared before the Board requested that his son H. Earl Young be admitted to the High School of the said District , without designating however which department of the said High School he desired admission to or without stating the particular course in the said Nigh School he desired to pursue, whereupon the Superintendent of the said School District was instructed to ascertain what course the said Ii. Earl Young desired to be instructed in; that it is not true that the School Directors of the said School District either at the time of the appearance of the said petitioner before the said Board, or at any other time denied or refused the said H. Earl Young admission to the said .High School ; on the contrary it is averred that the Superintendent was instructed by the said School Board to ascertain what course the said H. Earl Young desired to elect and to report the same to the said Board; and it is further alleged that after the said action on the part of the said Board, that inquiry was duly made by the Superintendent as to the course desired .to be elected, but before the next meeting of the Board at which the report could be delivered this proceeding was instituted and as a result thereof no further action has been taken in the premises. 3. Your respondents further aver that it is their duty under the law to classify and assign the pupils in the School District of the Borough of Carlisle to such school or schools therein as it may deem best, in order to properly educate the said pupils and that the said School Board is now and. always has been ready and willing to assign the said H. Earl Young to such school as he is qualified to enter, and that it has not at any time refused to admit the said H. Earl Young to the High School of the Borough of Carlisle, or any other school in said District because of his race or color, but has always been willing to furnish the same in equal facilities to any and all residents of the said Borough, including the said H. Earl Young. Your respondents are further advised and believe that John, C. Wagner, Superintendent .of said School District has never refused to admit the said H. Earl Young to any of the schools of the said District because of his race or color, but on the contrary has always been willing to admit him to such school in said District, and to furnish him the 2 same facilities as to any other pupil of like mental acquirements and qualifications. Whereupon your respondents pray that they be hence dismissed with their proper costs. And they will ever pray. CUMBERLAND COUNTY, SS: : T. Grove Tritt, being sworn according to law deposes and says that he is President of the School Board of the School District of the Borough of Carlisle, and that he makes the above answer on his own behalf and on behalf of the remaining officers and members of the said Board, and that the facts set forth in the said answer are true to the best of his knowledge and belief, Sworn and subscribed before me - day of November : : this /� ./ A. D. 1915. 0 , RL a�' a Iii +. , ,d• 8 •t v to ;: y • �.' 'I S MJ�C '.y �, '� I C'19 :" ,]" ( n0.`.` ' ,. k ., ' .fit:� r +1 ..!c-•r �' � r v.•. y,t •� very pretty ereddlflr too vlace �• ay; t r 1'ts Weuldd for n k tat ate " d. od'Tburgda'y,a,vealnr:;at the r6i9kenee on tlbnr, 1 l9bnthWest tB -- - ` t Street,'when his daughter;Anna 'Bell r r n un e n mar.age r. ae Jury 111 'B Oard-� IUSUt�ed �iI tbree ytllats_o1� Soenaby"hYld Ills Pdrat 1 ',' . x MI . ; SN 3ti,Tyier,cd t3sixgota;9pr(nss N Y Y Tha Y�un 196';i.`,f1WAfG t t7 ., d J s..e+r � {• e.home:`w dot orate¢ v+lth all. Y� `w o•,J:l trot.• 18L Orss"mart mitt ]waves and flowera,'the wadding t., ralilatlou=bn' i>< tl�j ..atl .lAr tbr' c+ ktll«i by 91, atNk�rrt party standln under an arch of.Vines v p �.:«a ors :+• I I tx 1, ' u' g CASE T0 : APPEALED ac• 'li � , c t ><is rre btr�rot a e}Il>$n R which presented a very attractive app � Ailad tt+hibtitri� slid kn$w of the °� "b•(i lifts' '"`Acoo1'dlnq to'�kKe �earsnce. The bride .was_.attired -t0ommon-fleas--Court'came to-'fill K Iii white-crepe de-chene--and-carried ,, Ywatts st►� d4t.ldai' bride, roses. The brldeamald; .bliss end fihls morning vrlth the.reading'otd, ewrlpeaW by strikers of being,a spy. Mary Messinger, wore -a' gown,of -the verdlei in the% case • of Rev. 1• -•-; d1t • rei Un+de to fire ptkhts of vs. the Carl]lW School: Dig r white vollle with taffeta and carried Young Mlprl'�' and Tids�lViiter oil a�Pltatlons. The groom was at- tFict concerning the Tefu1g of the 'Pink c •, , ", +�oirirliti tii+iler cover, of dirkrless. r school a_v_thorlNes to assign_ Mr" , - '•' u"pol fie file tnod'oeart discov and Marry bow,of Illarrsburother,: 3i�. Young's son to file 3rambet�on,Rgllc ; tarry Snow, of Rlarrtaburg. After the ceremony,.wloch was pe •formeill W-thRibirldie'xlpnptbr,lDr-,Posy. The Cass went to flit jury on Thum _ ---- I�ew York, bet. ,19-Th'e Atlantic mrlce, refreshments were served. The day evening. A verdict_was reachg4 9Nbt' Wai•ordered out to protect our bhtde'donned a traveling gown of in, about thirty minutes aid seaalefl. hett4rillty, ifter"a huldnlght corKer• It was opened this ier-Mao'g by Judge dark' blue and amid the•eongratuln•I ... f � " enoe of Admirals at Newport. Thir= lions and Uest wishes of friends left Staples when.it was found:to be for a + f teen- foreign 'Munitions ships, sailed on a short trip to eastern clues. Theyljhe respondent, the,siihooi diatrict. risking submarine peril, - will be at home.In Saratoga.Springs Relator's.counsel,made a.motton•for r, k after October 13th. 10 days time to file motion-for anew x , IPitatsburglt,*eJ. It-_elra this'morri• Hershey-Brindle ' trial which waa-granted. g t + li'r10,destroyed the.patterp and eoaoh Rimer Roy Ilershby, of Middlesex, Judge Staples took occaeton_�o_.re Iding ptanY-of-the-Pittsburgh-and apd Ada -Cathurire llrindle, Carlleto�m4nk that 'the .mind' of the Court 1s 'Lakh Erie Railroad. Lost two hun• Springs', were united In marriage on eery much disturbed as to what the r ' d4d thousand.dollars. Thursday, October 12, by 'Rev, judgment in this case ought to ,pe West South I'. 3'C,"- "If wef were a,1aYtha enlq ',the Charles Kohl, at , Court, "ve would 1probablY' ave.found -i.:' W HH-9hGEONB Street. ) h Y0. ..! k 9 < r - -- uker oFC.arllwle; just as-the-jury d[d; but.ae-a- -Just '•+ w1 i attend a state convention o[tilhe - we don't know tliit we would do so Kai eons;` n organization or Christian After discussitlge'the`�time •(or., the won orsippol'ay maiirisburg"on 'Saturday and Sunday. I attorneys and expressing Ilty pleasure -- . -- - - having-been-here.-Court,-was - j .: ___ Nelsen ttt_having_been�ter ^Mt�•t3hQomaker__1e_the-Cumberland.---- .___ - _ - 4 ,,,,;•:x z County Supar)rntendent, Bibles will DlIlsbnrk, Oet. 1_-.Rf.bert N. Vet- ourned until next.Tuesdny at 10 e. �. ,, son died yesterday from nettle Indl• m, be-placod=Jn-all-the-Ilotel rooms In yo r esNon;.aged 72 years, 8 months aacl Thursday Afternoon Hs riaburg. Y fwY ' Qut in Kansas_recently five trave; S days. The deceased was a l(felonR S. 31: Goodyear sworn-Is secrets- one In'K men meeting at breakfast ono resident-of this_c'ommuni(y,-.and-has-ry-school_board=3as been a director r f .. residedAn nillsburg-for-six-years.-He--2 3. asked another if he had founda Bible I years. ou::g. appeared before Is survaved by a wife and one son, r In I is room. Yes,' lip said, "I clld board cnly once, that was on Decem ``> • « uz rN ' 'Rdbert Ill.•,N(±:sou. lie was a member itld read It for two •hours-" It de- bar 2S, 191Z. Asked that board order ,?.: # rf the blana'gh'nn Presbyterlar church• veloped that the others find done thel t Ills boy's adm!sslon. -: The fuuoral will be held,from frm the I - ' qaihe-'o» remarkltfq that he read nn•I f1'he Superintendent was instructed home tomorrow afternocn. Photo by American Press Assoclritlon + ' tll''1 A. '�f.- to notify.loung that action was de- Graven - -.- --- - °'- A.'man went Into a hotel in San _ fcrreli. _ 110010.sonrgla.Y PIPWIAO OVT-Elolr0Q11 _-- - --- - firs:'-F16rence-T3.-Chaves, tvifo e! ITa BAT �'ranCt¢ho end secured a °room N•Ilh rCrasa examined—boa rd has never John C. Craves, (]fed at tier home In thK` Intention of committing suicide acted on' the request because the Cardinals, aud•was bought'by tile St. .PRIG) c 'Roanoke, Va., Tuesday, October 3rd, 4^g 1 I 1 e to do so, Young Louls.club early in the opting for his y by, potion, a vial of which ho carried board had no �tlm with.hlin to his room. pia not tile after a lingering Ilhtess covering four br u h ell _ Te3tlmQny_Cloaed. first leaguo•eeason'for delivery in the l nonlIlit-frortn cratrcer-7rgbtt-SS yeaTA—" fnlC Curt&i �., mot ainiiig a po7son on is cell lUilwyer X m�bleton contended that K•hen' ITonieb showed u In Mrs. Craves, !who was the daughter Y P tef table and went about making his the board hilt aright to assign the ` - CT the late Mr. and Mni. Gilson and Louis in September last he looked any Weparatlans for the final act. When Ycling 15oy The only question 1.>s._gIl -.thin but- romlain iIO-Was tbin-as '�inry-ISn11lh,-wee-Imrn-itt-,9hrirpers--- •" - R �_. � be was ready he stopped,over to the LSc color lino _ n rail wQ_alLlooldn>;. Ilnd,s bod post. table and A l - p - c g_ ere was no d(serinrolnailon._The Iloil at the lot, acted like an amateur, ���' • (?�'he showed tot be nn nideoh Mlis al sfsterten Smith of 4hippcnsbur ,. ��yas-TrMrared to teach=Young 1n ills licit and coald'not-litt-a Hcicj Q e vial ed ttl - -- 9 b at Every. ono. said that. Connery�tiad '1''f"t t'•} r The boil was brought to he wanted, and made that offer. buying him '1 Mt'b:e. As he opened It Ills eyes y peens There are only two cases of similar made n mistake 1n fell it nl the sentence, "If discour-I burg, 'Thursday evening and taken t� , During the winter of 1013.10'rlorna- 1 THC to mandamus to 7 en°aylvania, •at(pd Or !.•t trouble, read Psalm 126,the homo of her niece, firs. Margaret hi slept twelve hours a clay nail fed d• DIE': iCasner, Ridge avenue, from whlcSa T�ifense Insisted that tlierR was no himself like a milk fed chicken on '•° sad'John 1." He read these two se- discriminatlott and the Court'allowed 106ifons;-th n went to the-window and place the runPral was held Saturday sweet.mill',.-Ile changell_.111s style Of _.•f�_sto afternoon at ? c'c;ock, the services jury to pass upca'thc gtteatlon.asl hittfig from a�"rottelf allA u choked d'eli`s'T +' tbpew the Dottie of poison cis far as to whether discrimination was maie bat to n perfectly upright stand and a +• ulttrly �; he could send It,returned to the table, 'being conducted by Rev, Frail% S.I' full, free swing with a long hat. When •:• and wi r,� account of hula corer, knelt and then and there gave lifel'Fry. of Grace Reformed ehurch vi he Appeared to join the Cardinals in 'D• ngalnst R i Tile attorneys Addressed the jury , :Shippensburg, and.Rev. Wolf, of Rya-' h March lit area AntOnfo he weighed emPloyr heart to Cal.•, He la today an active cd the court delivered his char e. - - church membot'and a good citizen:- noke, Va. Interment was made in g - 1.0-pounds,thirty pounds heavier than 4•_ua that 'Spring 11111 cemetery, __ __ ho had been In the previous fall. •t• mnrkab� Wilson Ile started whaling tho ball in pr'ae- 'S one. 4y Charles, Infant son of Mr. anti lira. PERSONALS lice. Ile kept ou"whaling It In r�ettlnr + At a e C. E. UNION ORGANIZED 1 Iengue games. : He lilt weir over .300 d'•tile pla, $eprosentatives', of ail Young Peo- William Wilson, of Carlisle, G:cd _ and has n number of long bits to tits •} wns In Thursday afternoon at 1:120 o'c!eck.1 credit. IIe lilt all-pitchers, fntludlnr •y. 6dvlee ple's Societies In' Carlisle save two L^) Faller, he et at the Y. VI' C. A: lust night c.' t popular restdeat the•grent Alexander; m 'E• to him aged three months and two days, } g congestion or the lungs. Restdes� IIe s'by cost St. Louis$3,00. An ex. '1 whiell it Washington salesman for the Lin C , and,organiz9d a Ce R. Union by elect. nor Shoo_COmpnny._who spent the pe cnlued.Iltin-nk--S70,000.-roceatiq. 't_id0yctl-v Ins the following iofneers: life parents, lie Is survived by a broth er, ,Franklin. summer months at his . Carlisle lle inyb';his •improvement_ to much 4• I>nA or : 11 residem-;. N• Kutz. sleep and milk diet.. fi Ills op1w < Funeral services Saturday aster• home, loft data moardng for Wash. ♦ to do a, a; Vice President=W. J. ?Iomker• goon at 2:30 from the house, {fr: N.f Ington,J)..C. ,! and so, t- RAs., 'Seem,any-hiss Rebecca lire. James liaConegal,bf this lace. Fred Clarke li Preipering. ' West Street, Interment In the old p 0 ucnl's c:, Thotiipson. who underwent an operation at tic Apparently Fred Clarke;former man. + "Sir, 1' Cor. Secrethr ��� 1I. 11uble Rrnveynrd• I ager of tire Pfrdtes, made a tell strike Y- ,.. Y• ('nrilsle 1►�splPa) Tuesday, Is Im• '!• t>res rend 'Treasurer-011es ---`---- when-lie decided to quit bafkball and a pldenea" c�llnry 1lvetrm. ' proving. h" ODDS AND ENDS go out to ills Nnnons much and till the +Y to Ills cu t, _ ICnstnvo Itenecl, of d artiste and %% 'Dlnun ► .'i►. Parent fit wenihcr. Scranton with his present home at soil. S es Fred has ea Ills big fares t no Ills L in the west Fred Ilse lensed some val- PAf MLYtBIS VI CTIM DEAD "Every fair hail fine weather. ,Scrantcu. Is,spendl g this week at liable oil land which It Is thought,wlil + win the f IPhe W11son child t bat wns reported "llarc.ld Walters, aged 16, o. 57lip•I his studio 1n Carl!s . :let him tt fortune inside of a very few + yer cadu r` about i'month Ago 9�vlctim of Infant pentiburg, broke an Arm whllc prac• \1r. a1:•d lire, k, F. Thompson c'n- years. Accordlog ton personal friend + 31r,"- �4 pa(Alysts, .died yesterday from cos• tieing football. I tertalned Judge*.Staples at dinner of the former buccaneer hoes,Fred has O gostion of the limits,I with Paralysis "1Dasrilall s'e'es were recowcd nit last night.. The judge whose limns already been offered x;,00,000 by s !f iF l••Y 4 t a.co {ttdtj'cause: summer at Brady's 09ar stAro'. j Is In Stroudshury, 1° ;, Inrge oil company for Ills holdings. No. Term--- - 17-IQ ----------- vs. it TITLE OF PAPER �• -- --- --�---�---`T---- Ili - Received---- - - e I NO. 166 November Term, 1915 I COMAON11EALTH EX. REL. p HENRY YOUNG i VS SCHOOL DISTRICT OF THE P BOROUGH OF CARLISLE, PA. i ANSWER TO ALThRNATI VL WRIT OF MANDAMUS BY JOHN C. WAGNER, SUPT . SCHOOL DI S- i �j 1 • I � { i Ii i CONRAD HAMBLETON ATTORNEY AND COUNSELLOR AT LAW CARLI S LE,PA. PNILO'SELSY COMPANY. •21 CANAL STREET. NEW YORK 1 I IN THE COURT OF COl';i,iON PLEAS OF CUIT.-F, LAND COUNTY, PEYi NO . 166, NOVEMBER TERM, 1915. CO1.2MOERVEALTH OF PE]NE1SYLVANIA, EX REL HENRY YOUNG VS I THE BOARD OF SCHOOL DIRECTORS OF THE SCHOOL DISTRICT OF THE 4 BOROUGH OF CARLISLE, PENNA. T. GROVE TRITT , PRESIDENT , ET. .AL. , OFFICMS A1,D 1LE1TIBERS OF SAID BOARD AND JOHN C. WAGNER, DISTRICT SUPERINTENDENT OF THE SCHOOL DISTRICT OF TH1E BOROUGH OF CARLISLE, P 1"Ti fSYLVANIA. ANSWER OF JOHN C. WAGNER TO ALTERNATIVE WRIT OF NIANDA1114NS. ------00000000------- TO THE HONORABLE W F SADLER, PRESIDENL T AID SOLE JUDGE OF TH-; COURT 0 F COT.Ti'.ON PLEAS OF CUMB=AND COUNTY. 1. Your respondent admits that the said Henry Young and the said H. Earl Young are residents of the borough of Carlisle and belong to the colored race; and respondent also admits that the persons named in said writ as officers and members of the School Board of the Borough of Carlisle are correctly set forth in the said petition, and that he is the Superintendent of the said School District. 21 That your respondent denies that on the 4th day of September, 1915, demand was made upon him by Henry Young for the admission of his son H. Earl Young to the High School of the said School District , or that he refused at said time to grant a permit to the said H. Earl Young for admission to said High School for the reason that he was a colored boy, and your respondent further denies that he refused to examine the said H. Earl Young as to his fitness and qualifications for admission to the school or any of the schools of said School District, and that he refused to admit the said H. Earl Young permission to enter the said High School for the reason that the same was attended by white persons only. 0n the contrary your respondent avers that on the said day Mrs. Henry Young in company with the said H. Earl Young called at his office and asked to have the said H. Earl Young admitted to the junior class of the High School and was informed _by your respondent that he could not be admitted on his own statement relative to his qualifica- tions, but would be requi red to take an examinatio a o�satisfy your respondent of his fitness to enter the said grade, or in lieu thereof a certificate from the proper authorities of the School District, a t school of which being last attended by him would be accepted; and the said .'Mrs. Young was further informed that about two days time would be required to arrange for and hold said ex&ui nati on, but that the same would be arranged for the following week if desired by her. No such arrangement was either requested or made by either the said :Mrs. Young or the said H. Earl Young or any one else on his behalf; subsequently a certificate from the School District of the Borough of Steelton, properly signed was presented to the Superintendent and by him,as is required under the rules of the Board, to the Board of School Directors of the School District of Carlisle, that thereupon a request was made to the said H. Earl Young or his representative for the election of the course of study desired to be pursued. That the petitioner on behalf j of H. Earl Young advised respondent that his son desired to take the commercial course ; that before the next meeting of the Board of School Directors at which this report could be made the present proceeding was instituted and that as a result thereof no further action was taken in the said case. Your respondent denies the allegations contained in the petition as the same are stated therein which are as follows: "That then and at that time (the 4th day of Sept ember, 1915 ) , the said John C, y' Wagner, Superintendent as aforesaid, refused to grant or give a permit to the said H. Earl Young for admission to the High School for the reason thtt the said H. Earl Young was a colored boy" ; or "that the said John C. Wagner, Superintendent as aforesaid, refused to examine the said H. Earl Young as to his fitness and qualifications, though then and there requested to do so, and stated that he would not permit the said H. Earl Young to enter the High School of said Borough for the reason that the 2 same was attended b;r white persons only" ; it is further denied"that your respondent on the 11th day of October, 1915 , informed the said petitioner that his son was refused admission to the High School of said District by reason of his color" . That in reference to the allegations made in the petition that the course of study desired to be pursued by the said H. Earl Young was not taught in the Lincoln Building, your respondent avers that the same facilities and the same courses are furnished to all residents of the Borough. of Carlisle irrespective of race or color who show their mental qualifications for the pursuit of the same. That at no time did the School District of the Borough of Carlisle deny the application of the petitioner on behalf of his son to the right to take a commercial course and had the same been approved by the said School District , the said School District would have furnished jLt to the son of the petitionerthe same facilities and the same instructions as are furnished to all other residents of the said borough regardless of race or color. That though it is true that the petitioner on behalf of his said son did elect to take a commercial course and did notify the said Superintendent, whose duty it was under the law to notify the School Board of the School District of the Borough of Carlisle, yet the present proceeding was instituted prior to the next regular meeting of the Board of School Directors at which time the I report would regularly be made, and your respondent denies that at any time he refused to furnish to the petitioner' s son the facilities furnished to all residents who are accepted as pupils in the commercial course on account of his race or color, It is further denied, although immaterial to the issue presented by the petition, that facilities are not furnished in the Lincoln Building equal to those furnished in the Lamberton Building when the same are necessary or required, the High School of the �7istrict of Carlisle being located in both of said Buildings. 3 i __ Whereupon your respbndent prays that he be hence dismissed with proper costs. And he will ever pray. `t �J 1 CU11BERLAND COUNTY , SS: John C . Wagner, being sworn according to law deposes and says that he is Superintendent of the School District of the Borough of Carlisle, and that he makes the above answer on his own behalf and that the facts set forth in the said answer are true to the best of his knowledge and belief. Sworn and subscribed before me : . this ! day of November . . �_,_ A. D. 1915, ' 9 .vl- { 94 47- 4 Commonwealth ex rel. In the Court of Common Pleas of Henry Young Cumberland County, Pennsylvania. vs. No. 166 November Term 1915. School District of the ; Borough of Carlisle , Pennsylvania. REPLICATION OF THE PLAINTIFF. And the said Henry Young, the plaintiff in the above action, in reply to the return filed by the defendant, says that the said answer is not true in so far as the same con- tradicts the averments in the plaintiff's petition and the plaintiff joins issue on the matters alleged in the answer. l� C� a Com'th ex r(-1.Hmnr1.r young, In the Court of Common Pleas of v. Cumberland County. School District of the Borough No.166 Nov."_'erm,1915. of Carlisle . . ♦ t k # k ! k # # # k # # # k # # k k k k # # k k # # # k # RELATOR' S BRIVF,in re, Rule for judepient ,n000vv The evi.den of tl",= "u;)erintPndant,J.r'.``iagner, one of the res,)ondent ' s o-,,,­,.1 beyond question that relator' s son was qualified for admission to t?ZA course of study that he Alected; that such course eras taught at the Lamberton Building and nowhere else at that time; that had he been white he would have been admitted to the Lamberton School at once,without question;and that the refusal to admit him was because of leis color. k k k ►.. .k . k k. k k k k k k k k k k In the face of this uniintradicted testimony of the respond?nts, it is idl--5 -co argue that '-here was no discrimination; and the verdict of the jury has nothing to sast-iin it , and r,-l<-,tor to binding in- structions in his f avor,and to a judgnent ,n.o.v.at this time* k k #k ♦ # k it k k # # k k "No reason appears in this record for the exclusion of said children from the Vashington School; or their assignment to the Lovejoy School, other than their color. Such exclusion in law amounted to discrimination against the children of relator on account of their color. " People ex re1.v.City of Alton,61 N.F.Ren.1077 "While directors ,very proptrly,have large and discretionary powers regard to the management and control of schools, in order to increase their usefulness, they have no power to make class distinetions,neither can they discriminate between scholars on account of their color,race or social position***** * * * ** Had the district contained colored children sufficient for one school and white children for another,and had the directors, in good faith,pro- vide separate room for each,where the facilities for instruction were ntirely equal,+r_,-.t, ;uu..ld have presented a question not raised by the record and upon which we express no opinion. But the conduct of the directors in this casein the attempt to keep and maintain a school solely to instruct three or four colored children of the district,when they can be accommodated at the school house with the other s,�!holars of the district ,can only be regarded as a fraud upon the tax payers of the district,any one of rhom has the right to inter- fere to prevent the public $x= Jgnt g funds from being squandered in such a re^',cress unauthorized manner. " Chase v.gte;_)henson,71 111.393 Peopl* cx rel.v.Qutncy,101 T11.30K v.Upper Al on,127 Ill.613. k k k k k k #k # #k k k k k k k k # # # # k k k k k k k k In ` p.,,'1or T-.'antrikAn,214 Pa.303,rr-lied upon b,,r the respondents, ;t was alleged irn th-* a.ns,:rer that "the said children were assigned to the room for which their eqpacities,qualifications and attainments he�i-, tx'.E�t), them. " In the lase at bar,any such defense is wholly lacking. Not only was there no such averment ,but, on the contrary,thi testimony of respond--nts' was that relator' s son was denied admission to the only school vrrerm the course that he elected was taught, and that he was assigned to another school where there was no provision for teaching several of the branches th.-It he wished to take . r • A` �-� • � fir, • � 4- C ri •' U C/ .;7 Commonwealth ex rel.Nenry Young In the Court of Commor Fleas of v. Cumberland County. School ristrict of the Borough No.166 Yov.Term,1c)15. of Carlisle ,Fern' a. ?MOTION FOR JUDOPFNT N.O.V. IF- The reltitor,by his ^ounsel,respectfully moves the court to hive all the evidenie taken upon the trial of the above action duly certified and filed so as to become part of the record,and for ,judgment,non o'-stante veredicto t?ron the -hole renord. Attorneys for . elator. Oct.l7th,1��16. Q J J at �^ CD O m r.ti v1 ;t • � ,. � ;: Cu rte• H :� iD • U ✓ F— C U � • v I I I I I N 1 I I I N I I 1 � 1 � I (� I I� I I {<� I t IU I I Imo\+ I I (� I I l a I )� I I I l I I � I i I � I I 1 I I t I � I I i I �p` ^ I� I � 1 � v I� I I I • I I T I I I I 1 \ 1 I I ■ ■ I 1 I I I I I �t 1 I K\r. I < I I 1 I I V\\V I I 1 I I � I I�` I I I I 7 I � I ® I I I I v 1 t 1 � I I � I 1 I t � I 1� I 1 I 1 I I I � I � 1 I 1 I I � 1 I I � I I � I I I � J� � � � I I 1 I � I �t'� 1 t I I � I 1 I I � 1 I I I I I 1 I I I� I I I I r I I I I I I I I I I 1 I I I I f I i i I I I I i I I �\ C� �� � � � � � ��\ � � �� � , �� � � � < � � , � . ;�� .� LY THE COURT OF -9M_41k1?'_J__��_ OF YHE COU�A'Y'A' OF -- -- �' --- Ve zz of �-----Term, 4- ------------ -- ------ --------------------------- ------------ VERDICT .4&d now, to wit. ____�� __�!------------- ------19'�_ we, the J rors e��z- pannelled in the above entitled case, find----`-Y`-�- - ------------ -- ----- - ------ -------------------------------------- ------------------------------------ -------------------- ------=---------------------------------------- ------------ -------------- ------------------------------------- ----------------------------- ------------ --------------------------------- --------------------- ------------- I. See Xlll.. De_yelop,ment of Colored Education. August 8th 183G- bliss Sarah Ball elected teacher of African Sehor:I. (1) To be held in African. Church. 0) Board allowed ;12.50 per month for expenses of school. 3) Uiss Boll salary $150.00 per annum. Dec 2nd 3844- Steps were taken to use Liss Belles, school room for a night school for colored people. Doe 5th 1364- Colored school overcrowded. RonM rented in basement of tha Colored Church for a new sallool for a four month period. Miss nary Reighter elected teacl,er at salary of X25.00 with enroll- ment of 48 pupils. Appril 3rd 1865- New school continued for nont..h of April. May Ist 1865- School continued until end of gfchool year. Jar 7th 3867- Board voted $2.00 per r:sok for colored night school taught, by John ?rock. This school subicct to v::sitation by Directors. Jan 1st 1872- Peter dodge P esantad to tho Board the petition of 40 colored citizens ackine. for a ro,,T, and furniture for a ni`ht school. Beard appointed _­� con:+i'tec to open the sCho�;l and e-PIOY a teacher for not more than -�25.00 y sr m�)ntuh. Sept 7th 1877- A committee of colored citizens appeared befor the Board and asl ed to have additional facilities for the E.dunation of their children, that the couroa of study :nigh. be advanced, end c!zo that they might have an opportani ty to :secure dinloi:.as. Board appointed Weakly, Boners and Wallace a committee- to c}nfer w-,th PetitiDnars, and t.) ru,port t;rc,at can '}e done to ex",ply -ith, the. roquest.. July 6th 1878- Board resolved-1'Iiat colored schools be divided into three grades- Primary, Intermediate , and ?sigh School ;1� Sept 2nd 1878- Board resolved- That upper raon °of colored ' school let for use of Miss Bell. July 7th 1879- Board on motion, a primary colored school #2 was estab- lished. Salary of teacher fixed at q,28.00, per month. August 23rd 1879- Board ordered that that the 2nd floor room of building on North Pitt street, be assigned to school #4, Miss StrOak; and the lower floor room to school #2 , miss ITaWs. Juns 1882- At the regular commencement exercises, tWO colored students,, Charles Baltimore and Xag`l` Jordon, were the first of their race upon whom diplomas were confered by the Board. They graduated from the colored High School. July 1882- Colored school #2 %7as divided into two schools #2 and #6. This division thus made from the colored schools. Development of Colored Education. Primary 112-Annie Grey ,Teacher. Primary#6.-Franc is ?0yers,teacher Secondary 't18- Sarah Bell* teacher. High Schools #1^.-Professor Eekel's , teacher. June 1884- Four students were graduated from Colored High School. -TaMcs .Baltimore Anr:ie Bagley Mary Butcher Aleinda Chapman. June 1886- Three students graduated from colored HighSchool. John Fisher* 1obert Yo �nie ew Sept 15.1856- Board assigned the following colored schools to the new school buildingat. Pitt and North' s Street's. :- Miss Cornman' s f2 Miss Spangler' s 716 Sias Zeigler's #18 Professor Eckel' s. #19 Sept 7th 1396- A petition, teas filed by committee of colored citizens to the effect that the unequalit existirq in the grading curriculum and location of some of the schools a the school district. The foi1017ing communication was then presented by the Pr4sident of the Board, Mr Bixler That the c;ganization of the Public schools of Carlisle, separate schools for the colored children have been maintained. 1st The increased advantages provided for the 7hite High School with out similar provisions being <made for the Colored High School. 2nd The unequal grading and curriculum provided ibr the children in comparison with that provided for the !Vhita. 3rd The iiaintainancg of the School in Jail Alley for the exclusive us Of colored children in the worst neighborhood of the tVVWM. 4th.That Hattia Butcher, Ed Brorm, ffiaomi Jordan afid Priscella Young Who have applied to the �j hite High School and referred by the Principal to the Superintendent and by him to t-ie Board, �60 granted equal advantages in all kinds of study similar to that provided for t t"ip© torn. 'hite children of the The Board made the following adjustment:- Zst. The addition of one grade to those covering the ;7ork of the colored children. 2nd. The ab*hdonment of the Jail AlleY School Building. 3rd.^ihe location of these tt7o schools at some point that shall be wholesome morally andfeasy access to t ,e e:tor©d school children. Out 5th 1£396- A paper was also presented by Jasper Jordan and others callinE. attention of the Board to ?fir Preston Eckel s as a person W ose election as Principal for the colored high school would be entirely satisfactory. A paper signed by Noah Picl ley and others urged the appointment of Uss Er�zma Tompson as teacher of the school. #2. A School was eotablished in the vacant room in Mulberry Alley to be IMOM as a 29, with James Boswell elected unanimously as teacher. Hattie Ashby vas elected achool made cacar:t 'ay promotion of t:2r Bos.*11 knorm as #6 and A.A.Jordan elected to school #2, 3. Sec. X111 . Devolopment of Colored ydueation. 1 July 6th 1897— IAr Robert Young v i21i am Chapman andrfr Jordan presented themselves, as a committee requesting a change in the teacher of school #19, stating that the change vas better for condition of their children.A1F requesting that we give the colored citizens the . vacan6ies that occur in the future in Primary grades. March 6, 1905 Industrial Training substituted for mark done Friday afternoons in Grammar . and High School departments of the Lincoln Building. Oct.29 1916 A number of colored citizens appeared before the Board with the request that certain pupils be admitted to the Lamberton Bldg....... NO action taken. Oct. 27, 1916 Rev Swan and Joseph Jackson appeared and complained about existing dis- cipline in the Lincoln High School. They stated that the better class of coloaed citizens agreed with the Board in ma.inta__ ngg separate high schools but asked tha a change be made in principals. t Oot. 18, 1915 The following report of the Teachers' Committee adopted:- 1- That a room in the Old College bldg* be fitted for a primary school. 2- Miss Butcher placed there with one-half her present class. 3- Miss Young be given the pr3pary school in the Lincoln Bldg. 4- C.R.Thompson be elected to grades five and six. 5- Above recommendations become operative Oct.27th,1919. July 10th,I934 Classes were organized as follows:- 1- Classes for men and wommn 2- Homemakers Craft for women 3- Home nursing class for women 4- Dramatics for boys and girls of high school age. MY the s eech by Willie Lynch 1712 Reprinted Gentlemen: 1 greet you here on the bank of the James River in the year of Our ' Lord one thousand seven hundred and twelve.First,I shall thank you The Gentlemen of the Colony of Virginia for bringing me here.I am here to help you solve some of your problems with slaves. Your invitation c reached me on my modest plantation in the West Indies where 1 have experimented with some of the newest and still the oldest methods or ! control of slaves:' Ancient Rome would envy us if my program is imple- mented.As our boat sailed south on the James River,named for our ' illustrious King,whose version of ► °,-%!e we cherish.I saw enough to ; ' know that your problem is not unhp,,. While Rome used cords of wood as crosses for standing human bodies along its old highways in great numbers you are here using the tree and the rope on occasion. I caught a whiff of a,dead slave hanging from a tree a couple of miles t back. You re rt'vf` loosin valuable stock b hangings, ou are qY' 8 y y having uprising,slaves are running away,your crops are sometimes left in the field too long for maximum profit,you suffer occasional fires,your animals are killed,gentlemen,you know what your problems are;I do not need to elaborate,I am not here to enumerate your problems.I ant here to introduce you to a method for solving them. j In my bag here,•1 have a fool-proof method for controlling your black slaves. I guarantee everyone of you that if installed correctly it will control the slaves for at least 300 years.My method is simple and z ` members of your family or any overseer can use it. 1 have outlined a number of differences among the slaves;and 1 take } these differences and make them bigger. I use fear,distrust,and envy for ,p control purposes. These methods have worked on my modest plantation in the West Indies and-if•'will work throug*out the South. Take this simple little list of d fferenii� think about them. On top of my list is "Age"but `> `F it is there only because it starts with an "A,"the second is "Color"or -shade,there is intelligence,size,sex,size of plantation,states on U plantation,attitude of ovo►Ier,whether the slaves live in the valley,on a ?. hill, East, West,North,South,have fine or coarse hair,or is tall or short. Now that you have a`list of differences,I shall give you an outline of action but before that 1 shall assure you that distrust is stronger than rust,and envy is stronger than adulation,respect or admiration. s The black slave after receiving this indoctrination shall carry on arid ti will become self refi►eling and self generating for hundreds of years, maybe thousands., Don't forget you mast pit ch.the-old black vs.the young black male, ' and the young black male against the old black male. You must use the 1 i dark skin slaves vs.the light skin slaves anrtthe light skin slaves vs. tine .1 r dark skin slaves. You must also have your tohite servants and overseers ,. distrust all blacks,but it'is necessary that your slaves trust arid depend ► <.. on us.They must love,respect and trust only Its. r,.• Gentlemen,these kits are your keys to control,use them. Have your ;- .. I. wives and children use them,never miss an opportunity.My plan is guaranteed and the good thing about this plan is that if used intensely for one year the slaves themselves will remain perpetually distrustful eV tt �: r f _u f s� 1 ionst or Commonwealth, ex rel., In the Court of Common Pleas Henry Young, Of CLnnberland County, Penna. vs. No. 166 November Term, 1915. School District of the Boron of Carlisle, Pa. P P E is R A IT C E S Herman Berg,Jr., E. M. Biddle,Jr., and I'l. Justin Carter,for relator; Conrad Hambleton for Respondent. The above entitled cause was tried before Honorable Charles B. Staples, President Judge of the 43rd Judicial 'District, Specially Presiding, and a jury, five of whom were sworn and seven affirmed, commencing at 1:30 o'clock in the afternoon of Thursday, October 12th, 1916. The following are the proceedings had: i`s. Biddle opened the case on behalf of the Relator. page 1, I N D E X DIRECT CROSS firs. Lucy Young, 4, Rev. Henry Young, 7, 9, Chaxles P. Loss, 13, 15, Rev. U. G. Leeper, 16, John C. Wagner, 18 RE SPOND22 T S t C. SE John C. Warner, 211 259 S. K. Goodyear, 35, 37, C. P.. Liggett, 419 EXHIBITS Petition, 43, Answer by School Directors, 48, Answer by John C. ,dagner, 51, Replication, 55, ;7ri t, 56, Letter to Rev. Henry Young, 619 Certificate of C. S. Davis, 62, Course of study,Carlisle High School, 64, It ft it Lincoln Building, 679 Election Blank, 68. page 2. is. Berg: :le offer the petit ion to show all tno se facts which are not denied or controverted in the answer. Lr. Hambleton: lie have no objection, if they offer tiie petition, answer and de=rrer, because they make up the pleadings. THE COURT: You Cann t show what facts in the peti tion are no t denied unless you put in the answer. rr. Hambleton: The proper practice is to put the pleadings in, so the issue may be before the Court. .s. Biddle: We do not Iropose to offer the answer without restriction. 7iE COURT: You do not offer either one without restriction. t::r. Biddle: To slow the facts not in controversy, and to show how the issue is made up, we have no objection to offering the vd.ole thing, for that purpose. Y THE COURT: All the pleading are in evidence, for the purpose of informing the jury what facts are not in dispute, and all facts not in dispute are to be taken as proven. pie 3; Lars. Lucy Young, bworn, Direct :examination, Ts. Berg: 2-Where do you reside? s-Carlisle. '?hat is your husband's name? Zi-.Reverend Henry Young. -Have you a son named H. marl Young? n—Yes. !'-Did you make application to the School Beard of Carlisle for his admission to the schools of Carlisle? A-Yes. ;When was that? A-On the 3rd of September, 1915. �401hat did you do? �,-I went to the school house on the 3rd of September, 1915, in the afternoon, and carried my daughter along, and met yrr. '�7agn.er - he was very pleasant - the Superintendent. He asked me where I was from. I told him. I said I saw by the paper that I would have to have a permit to enter mar children in school. He said, so I would. He asked me where I was from,and I told him Steelton. I said that I regretted to leave Steelton because there was such good schools there. He said,well there's equally as good schools here, only the Lincoln building for the colored children were not as good because of the cost of building the Lamberton building. That they had been thinking of giving the `,Vilson building to the colored children, but by the great cost of that, they couldn't do it, that they would have to build a new school to put the children out of the 'Wilson building in. He asked me how manj I had to enter school. I told him six but there was only five here; that the other boy was away, but would be home that afternoon or the next morning. He said, I will give you a permit for the five that's here, and you bring the boy over when he comes tomorrow. I asked what time should I come Saturday - that was on the 4th - he told me to come at six o'clock page 4,Ij s Saturday. hlen I came horse Friday the boy was there, and I carried him over at four o'clock. He was in. I told him I was sorry that I had come so early. He said that was all right. I said, this is Earl, the boy I was telling yon about, he wants to enter the high school. Is that so? -.Jell, he said, what year were you in in Steelton? He told him in the second year, and was now ready for the third year. He turned around to his desk,and said, I will write a permit. I said, I;ir. :Jagner, I don't care for a permit to the Lincoln building. He said, is that so? I couldn't give you one to any other. I said, I don't care for that; you told me yesterday the school was not what it should be. I said, he is now ready for the third year,and I don't want him in that building. He said, I couldn't give you a permit to no other building. I said, I can't accept one for that. I want to give him the best I can in the public schools. He said, I can only write a permit for the Lincoln. I told him that I would not have it. He said, well, how do I know that your boy is fit for the third year high school; I only have your word for it. I said, here's the boy, examine him. I said, I brought the girl over yesterday, I thought you ranted to examine her, but you didn't. It's the first school I have been to that nW children were not examined until you gave me the permit yesterday - you didn't do any examining - you gave me a permit for the Lincoln without examining. He went up and got a book, and he asked him a few words in Caesar. He says, I see you are familiar with it all right, but I couldn't examine you because it would take up too much time; it would take about, tA.e better part of three days. He says, you see the schools would be opened,because they open Monday morning. I said, I could gp to Steelton this evening and get a certificate from the Superintendent there. He sags, thwt wouldn't be any use, I would only permit him to the Lincoln building. I told him I would not have a permit to that, and so I said to him,I said, would you permit him to no other school, if you don't giant to let him in the Lamberton building? Is there no other school in Carlisle outside of the Lumberton building where you could. permit him where he could get his rioit page 5,- studies. Ile said,there's no other school. I said, I tell you, I will bring the boy over Monday morning,and I will go to Steelton and get a permit and bring it over. He laughed - ghat would that be for? I said may be if the School Board seen that he is anxious to enter, and you don't have the Ixoper studies at the Lincoln building, they will let him in here. He said, I will tell you, I wouldn't write a permit for no negro child to enter no white school in Carlisle. That did. you do? u-I bid him goodbye and left. I told him that I was awful sorry but I wouldn't take a. permit for the Lincoln building. I didn't carry him over there; lie told me he couldn't enter without a permit,and. he wouldn't write one; I was going to take him. No cross examination. ale 6, Reverend He=y Young, Sworn, Direct Examination, ;a. Berg: You are the petitioner in this case? A-Yes. Q-hate what efforts you made to get your son, H. Earl Young, into the Carlisle High School? ."-On the 15th day of September, 1915, when rF wife told me--- (Objection) A-In company with U. G. Leeper and Charles E. Loss, I vient to the Lamberton High School to see the Superintendent. L lady in the office told me he was absent - that he was at the store-room issuing out books. I found him where she said he was, aril had a little talk with him there in the presence of these two other gentlemen, that as I had wlderstood that he didn't admit my boy, it being the first time,and being a stranger, I thought a mistake was made, that is, those Who told me bight have made a mistake. He said, they didn't. On that occasion he told me, on the 15th of .September, 1915, that he would not give any colored boy or girl a certi- ficate to any school in Carlisle where white children attended; that I didn't misunderstand those who told me; that he never has admitted any,and he would not. -Did you make amy further efforts to have him enter the school? ,-,-Yes. On September 27th, 1915, I went to the Lamberton building again. There he gave; me the opportunity to speak to the Board. It was a "call" session they said. I made the request before them,and they gave me no satisfaction, only they said they would let me know by letter. On the 28V., day of September, 1915, I received a letter, which I have there now. _;xhib it,J.E.Q.4l sho-m witness: C;-Is this the letter? -This is the letter I received the morning of the 28th. Exhibit, J. E. shown witness: page 7, r "-Ijook at that. Dice. you present that to the Board at the time, on the 27th? 1,-Yes. This is from 7.:r* Davis. �:;no is T,:r. Davis? L-Pri.nci.nal of the Steeltor. High. Sebool - this letter with a certificate from him. *" Berg: We offer Exhibit, T (Reading to jury i Q-In pursuance of that letter, what did you do then? u-I vent back again on October 6th, to pick out the studies out of the Comm,ercial Course,such as he desired to pursue. Exhibit,J.E.I.-irZ shovra witness: -Look at that paper. '7ho gave you that paper? Wagner, C-Lid you make your selection - does that shoe the different courses taught at the school? .S-Yes. He gave me two or three - one from the Lincoln and one frorr. the High School. E.diibit,J.E.Q. r4 shovrn witness: Q-Is this the other paper he gave you? I-Yes. -,;',That course did you select for your son? 1;,-I picked out of the Comercial Course such books as he was then pursuing in the Steelton schools. -Did you state that to azry one? To whom did you state yots selection? ,I-To I:r. '7ag er, in his office. That same day I signed some other kind of a certificate, which I never seen before, praying the Superintendent to admit him, or give him some place that he might pursue the course he was already in. Mr. Berg: e offer papers J.E.`I.Nos. 2, 3 and 4. BY TIM CGURI : Recei.vel. dir. Berg: Q-4;hat was said to you after you nude the selection of the Conrnerc ial Course? A-After I made the selection,and s iSned some kind of a paper, I don't know whet kind, L.re Wagner, the Sizrperintendent, said to me, you have done your mart in presenting a certificate from the Steelton High School, and you have selected the course, but I might just as well be frank with you and honest, I am not allowed to sib a permit for any colored child to attend a school that is attended wholly with white children. I an not allowed to do so, and will not do so; as you have a colored church to yourself, you shall have a colored school to yourself. I haven't seen hiizi since. ^.=.That further was said to you about the admission of your son to the school - anything, by ar7 of the Directors or the Superintendent? DUE COURT; He said he has not seen him since. TIr. Berg: I think there was so4ne other conversation. b-Yes. On October 11th, 1915, I was at the building, and 111r. 71agner said he was very sorry that they didn't teach those branches. We were talking over some things, and I told him I had been in the state of Pennsylvania 32 years, and I never had heard of a professor to blocade the road of education in nV life before. ;',e were talking - I diih1't intend saying that here, but he said he was very sorry, but he would not admit him, because he was not allowed, and some other things which it is not necessary to state here. -Have you ever been notified by the School Board that they would admit your son? C�Iias your son ever been admitted to the scizools of Carlisle? A-No. CROSS EXAMI-I+ATI O N, r. Hamb le ton: Q-.That date did you make selection of a course for your son? A-On October 6th. page 9, ,,),-That is tie date you selected the Commercial Course? . -Yes. :ti-Hove marry times did you agy)ear before the School Board? A-Only once ;,itness shown original petition in the case: c -Did. you shear to this petition - sign and smear to it? is-Yes. -Is that your signature? :'1 That is rV signature. 0-You swore to it? A-Yes; I certainly did. Q-You say in this petition,vihi(:h you sivore to, that on the 15th day of September, 1915, and again on the 27th day of September, 1915, your petitioner appeared before the school directors of the said Boroa;;h of Carlisle, at meetings held by said board of directors, and requested by application and demand to have his said son, H. Earl Young, admitted to the high school of said Borough - is that correct? A-Yes. '',-You just testified that you appeared before the School Board but once - how do you reconcile your statement on the stand with the petition? _1-I didn't appear before the School Board more than once. I ap-oeared at the Superintendent's office. v-You swear that on the 15th day of Septe2t)er, 1915, and again on the 27th day of September, 1915, your petitioner appeared before the school directors of the said borough of Carlisle - is that correct? A 1'To. 1?-Vhy did you mrear to it? A-Because I a-opeared to the Superintendent,where the papers said I should. -This sags school directors? {-That is not my fault. page 10, -?Tot your fault, what you swore to? d-That's not my fault. -Then this petition does not set forth the facts correctly? u-If it sets forth that I met the School Board more than once, it is not correct; I only met it on the 27th. I met the Su:)erintend.ent on the 15th. C�-Was it not on the 28th that you met the School Board? (-tre you sure? :.1-Yes. ;That is the reason you are so certain it was on that date? A-Because I received the letter on the 28th. Z-The letter was dated the 28th? .f-That is the tLie I received it, on the 28th - the next morning in the mail. -The next morning after you had been before the School Board? A-Yes' c" -That is the only way you fix it that it was on the 27th? A-Yes. Of coarse, I fixed it before that. I put that down. Q-You have that down? A-Yes; w1lenever I nade a visit like that. -You do not say anything in your petition about having made application on October 6th? A-1io. �!-You say there you made it on October 11th - which is correct? a`.-October 11t1i is correct. -You said a while ago October 6th, in your oral testimony? s1-I only picked out the studies on October 6th. page 11, -You say nothing in your petition about having visited the school or the Superintendent on October 6th at all? 2yo; he told me it was not worth whiles stating anything* f',-,"ho said that? a-The Superintendent said throat. Q-In your petition in which you request this writ of mandamus, you say nothir_g about being there on the 6th - why didn't you mention that date among the others? u-I had been thereoften enough without mentioning amy more. Q-You mentioned one here itiich was not true? k-7o sir. Q-Yes you did - that on the 15th you appeared before the School Board - you say now you were there only once, on the 27th? A-I received a letter from the School Board. I was there the evening of the 27th. They said they would let me know the next day,and they did so. Exhibits,J.E. '.ldos. 3 and 4 shov.n witness: n. Yse you certain these were handed you by Mr. Wagner personally? A-Yes; he handed me them. Q-Didn't you receive thern from Lr. Berg, your attorney? l'o. He didn't give them to you? -I.1o. I have more than that yet somewhere - I don't know where. ( -You didn't preserve all your exhibits? A--No--No TT 0. Page 12, r- v i.Ir. Charles F. : but he thought they probably could make some arrangements to have him pursue the studies there. He told him that he could not and would not give him a permit under amy circumstances. He said he was not permitted on his part, and that in fact he wouldn't allow, or rather give permission to any colored colored boy or„girl to attend arty school in the Borough of Carlisle attended by white pupils. There were several other things stated, rich I cannot quote verbatim, but he insisted upon that one thing, because the boy was colored, he wouldn't give him permission to enter that school. That was on September 15th. -tidere you along at any other time? A-Yes, on September 27th, in the evening. I do not recall the hour. Reverend Young asked me if I would accompany him, and show him where the Lamberton building was, as he was not so sure after dark of being able to find it. I told him that I did not object. I went with him to the Lamberton building, and the Board was in session. They had some matter under discussion. We waited in, the corridor for several moments until they had finished the discussion with some one present - I don't kno;r vfho, azd the gentlemman came out, and immediately I opened the door. �-4m� came out? ,I-The gentleman who tir" in conversation vri th the Board. I don't know his business, but I asked I,Ire Wa -ler if he would obtain an audience for Reverend Young on that evening. Reverend Young went in,waited a few moments, and Lr. 'Wagner introduced Reverend Young to the School Board. Q'-Mere you in with him? A-In the school board session? No, I was not. t;.-Don't testify to what you do not have personal knowledge o£? d-I will explain hour I happen to know that. There is a glass door panel in the door, and there is quite a space between the door frame and the door proper, and it is very easy to hear a conversation above a whisper in the building, especially if it is quiet. Part of the conversation I happened to hear. Reverend Young stated to the Board, gentlemen, I have a boy who page 14,�- low is eligible to attend the high school of this town, and I have appealed to the Superintendent for admission to you building to pursue his studies, and he advises me that he cannot give a permit, and I come before you to ask if you vri.11 give me a permit, or tell me where the boy might pursue his studies properly. I heard that. was the at-i surer? -I heard one of the gentlemen present - I can::ot identify him - but I did hear him say, has your boy ever attended. a high school? He said, yes. Some one said, we 17111 let you know in the morning. That was as much as I heard on that occasion. CROSS ' ^rL1TLA-TIOi, Lir. Hanble ton: Haven't you had a good deal of difficulty or trouble with the School Board in reference to your own children being expelled? (Objection) THE COURT: ;,That is the purpose? .r. Hambleton: To show the bias of the witness. TI-Ii'; COURT: I don't know that that mould show any bias. P;o. You may ask whether he has any bias. r!r. Haa:ibleton: I,o; I wont ask that. Fie will say no. page 15,-1 Reverend U. G. Leeper, Sclorn, Direct Examination, I:r. Berg: Q—'dhere do you reside? -Harrisburg. Q-1hat is yoix occupation? A 1.iini ster. Q-Are you acquainted with Reverend Henry Young of Carlisle? A-I all. =:lore you with the Reverend Henry Young at any time when he made application for the admission of his son to the high school? A-I was. Q­Detai.l what you know about this - what was said to Reverend Young; what he said, and what was said to hint in return? A--0n or about the 15th of September, 1915, I came to Carlisle, and went with Reverend Young to find the Superintendent of Schools. We went out to the Lamberton building, I believe you call it, and then came back to the book-room. Reverend Young; said to Professor Wagner that he came to see whether he understood his wife or not, or whether he was mistaken; that she told him that the Superintendent had told her that he would not give his boy a permit to enter the high school, and he wanted to know whether he was mistaken or not, or whether she misunderstood him. He said, she didn't misunderstand him,that he would not - that he could not and vo ul d not give a permit to a colored boy to enter the white high school. He said, in the first place he was an employee of the School Board, and he could not give it without their consent, and they would not permit him to do it. Then he advised Reverend Young to get a certificate from the Steblton schools and present its t-You 1 of t? A-Yes. page 16,' �-Did you ever hear any other conversation? A-That is about all I rezmnber. No cross examination. page 17;' M.- _. Mr. Berg: ';de call John C. iTagner on cross examination. Mr. Hambleton: `:7e object to his being called on cross examination. Call him as a witness. '.Tr. Biddle: He is one of the respondents. Tla,] COURT: He is one of the respondents; you may call him. L:r. Join C. r,agner, Svorn, Cross Emimination, llr. Berg: Q-You are the Slrperir_tendent of Schools of Carlisle`? A-Yes. stenography taught in the colored high school of Carlisle,in the Lincoln Building? .L Vlhen students a ual,i fy. ''-Answer yes or no. Is stenography taint in the colored schools of Carlisle, to Brit: in the Lincoln Building? A-Yes. -,`has it taught there in 1915? _i'To. !',=-',`las it taught there when application was made by H. :,;arl Young, or his father, :reverend Henry Young? A-On SRrhat date? Q-1915 - any date in 1915,September or October? A-Ho. Q , as bookkeeping taught in the Lincoln building, the colored high school in the Borough of Carlisle, in 1915? .i-Lio. n t^ -' as ty_aeirriting taught there? A-IIo. Q47as ancient history taught there? A-Ancient history? T think not. .1-Is music taught there? A-Yes. page 18; TF°I] COURT: Do you mean i s or eras? 11r. Berg: -r4 as? -Geometry? A-Yes. <«!How much geometry was taught t'riere? :.,-I can't answer that definitely. I cannot give a definite answer on that. Those people were started in geometry as soon as they had .finished their algebra, and continued the study of geometry until graduation; sometimes it is a year and a h4f, and sometimes only a year. "-In 1915 were these studies taught at the La:rberton building that I recited? 2L-Yes. ?-yid you instruct in household, arts in 1915 at the Lincoln Building, in the colored high school? ,-No. THE COURT: Did the boy pick out household arts? :.::r. Berg: It is a part of the corranercial course. THE' COURT: For boys? :r. Berg: It is dorm on the cormrerci.al course. THE COURT: ,7hether he selected that as one of the studies? Er. Berg: They have it classified under the coma ercial course. THE COURT: ?Ihether this boy selected that - household arts? Lr. Berg: Oh, I uaderstand that. I thoa-ht he probably had. TEE 00TIRT: Ask his father. page 19, r Reverend Henry Young, Recalled, 2,Ir. Berg: -:Did your son select household arts, 11r. Yours? A-I don't remerlber now. All of the selection was put on the paper and handed to the Superintendent. He asked me to do that. He has that. He knows what the studies are. RII ATOR RESTS R E SPONMI TS' C.ISP. :r. John C. %'Iagmer, Recalled, Direct Examination, Lx. Harbleton: -You have testified that you are Superintendent of the public schools of the Borough of Carlisle? A-Yes. ,.j.-Do you know H. Earl Young? Have you ever seen him? A-Yes. -Do you know Ilermy Young? n-Yes. C.i,-State when this relator first came to see you? .L-Mr. Youngs. Q-Yes - did I.Irs. Young come to see you first? A-She came to see Pie the afternoon of the 4th of September, 1915. O-What was her business at that tire? A-She asked that her son might be admitted to the hijl school of Carlisle. 0,-1ith respect to the other children - did she have more than one child there? L.-At that time? I o. I asked the boy where he had been attending school, and ghat class he had been in, and what work he had done. When he told me he had completed the first two years of the course in the Steelton high school, I told him to enter our high school, it would be necessary either to take an examination, or present a certificate from either the Principal or the Superintendent of the Steelton schools - the Principal of the high school, or the Superintendent of the schools; that in lieu of an examination that wo ald be accepted as a credential as to his having satisfactorily corpleted the work-. He asked that he be examined right there and then in the full two ye�.,xs work of the high school. I stated to him that it would take from two to three days to give him a fair examination on two years work, and if he warted such examination I r;OuIC page 21, Ai arrange to give it to him the following week; that I couldn't give it to him on Saturday evening. Q-Mrs. Young testified that you said you vmuld not admit this boy, or auy other colored child to the high school - to the Lamberton Building - did you make such a statement? A-ITo. '_:-When did you have the next meeting ng with these people,? A-0n the 8th of September, Yr. Young, in company with certain other gentlemen - on the 8th of September, Wednesday afternoon, he called on me in the book room - what we call the book room, and asked if his wife had properly understood me that he couldn't be admitted. I explained to him in detail as I had explained to her that I couldn't admit him to the junior class in the high school without examination, or a certificate covering the work done in a higki school. -Did you state at that time to 111r. Young that you would not admit his boy,Earl, or axy other colored child to the Lamberton Building, or to the M3, ki school in the Borough of Carlisle, and that the School Board would not? A-No; I could never speak for the School Board. -Did you say you wouldn't? A-I said under the rules of our Board, I was permitted to assign pupils to certain, schools, and any dissatisfaction on such assignment would have to be referred to the School Board. (!-Did you refuse to admit him because he is a colored boy? A-No. Q.-At that time? -PTO. Q-The two colored men who appeared on the stand,11-essrs. Moss and Leeper - were they the men who accompanied Reverend Young? A-I do not recall ISr. Leeper. I recall Mr. Moss as having been one. -They stated you said you would not admit a colored boy to the Lamberton Building, or to any school attended by white children - is that true? A-No. page 22,J -AW n,-Did you ever make that statement to aaX7 other person, in connection with this case? A-I think not. here -Do you know whether you did or not - to anybody either ':s.Young, 11r. Loss or -L r. Leeper? lL-I don't recall. 11�y position was that he must either take an e=mination, or present the certificate. ?-After you told hi<<,n it was necessary to take an exarunation, did r. Young appear before the School Board? -Mr. Young appeared before the School Board. n 'What date was that? A-Before he appeared before the School Board, he came to me on the 27th of September with a certificate signed by C. S. Davis of Steelton, setting forth the work that had been done in the Steelton High. School, and I told him I would refer that certificate to the School Board at its :Meeting on the 28th. On the 28th he appeared before the School Board,^:nd on the 11th of October I----- Q-=That happened on the 28th? '.-,'ere you present? i�-Yes. .-That happened? z-On the 28th, T.:r. You+ ; presented a request that his son be permitted to enter the Hioi School in the La::nberton Building. He was told that the L-'oard mould take the matter up and communicate with him the next day. After <.r. Young retired from. the board room, I was directed by the President of the Board to ascertain from Lr. Young what course he desired his son to pursue. After the board meeting I wrote him a letter stating that final action had been postponed until the next meeting, and that the Doard desired him, in the meantime, to select the coarse of studies he wanted his son to pursue. On the 11th of October I;r. Young called at my office and selected the course of studies he wanted his son to pursue. Lt that time I told him I would refer his selection to the School Board. __e elected at that time the commercial course. page 23,j Euve you that election? A-Yes. ?-Produce it? ','ditness produces Exhibit,J.E. 5. Q-Bid he mate any other election than this? A HIe never made ally other election. r-0r selection of studies to be pursued? A-No other - that is all. That was on the 11th. I directed him at that time that the election would be returned to the School Board either the 12th or 13th. I authorized the attorney, who was then acting for us,to made the tender that we would give him in the Lincoln building absolutely the sane studies that vie were giving in the Lumberton building. was your attorney? A-:::r. S. B. Sadler. The next meeting of the Board following his election of that course was not hold until after the proceedings had been instituted. =Do you remember the date of the institution of the proceedings? -I t3aink the 21st of October, and our next meeting ca::ne on the first .,onday of November. -estate whether or not stenography and book-keeping, typeariting az d geometry viere taught at the Lincoln building at arW time - I mean whether you are prepared to teach them? A--she are prepared to teach the commercial course. Q,-Lid you ever teach ar�,r of these subjects in that school? r�-Yes. s. Berg: ..'e object to the question as to what is being done now. ;ghat was done at the time of this application? THE COURT; He stated he offered the boy the smie course of studies in the Lincoln school as could be had in the Lumberton school - is that it? .L-Yes; that is right. page 24; AW Mr. Hambleton: Q,-You had taught these subjects to students who requested them in the Lincoln building? A-That question requires a qualified answer. We have always taught those subjects in the Lincoln building to students requesting them,provided their academic qualifications admitted them to that course. Q-Did you make arq offer of that character to this Reverend Young? A-Thr ou,-X our attorney, Mr. Sadler. .Ur. Hambleton: I understood that Mr. Berg would admit that. Lir. Berg: Mr., Sadler came to me and asked me whether Reverend Young would be satisfied to have his boy taught the commercial course at the Lincoln Building. I stated to him, no, he was not satisfied with that; he wanted him sent to the Lumberton building. He said, would Mr. Young be satisfied to have his son instructed in the Lincoln Building,and to be taught the same branches at the Lincoln Building. I told him he would not. Mr. Hambleton: O-Did Reverend Young call on you on October 6th? ri-No. Q-Oive the dates that he did call on youin respect to this? A-He called on me on the 8th of September in the supply room. On the 27th of September he submitted 11r. Davis' certificate, and on the 11th of October he called on me to make the selection of a course of study. Q-I understand you to say it is not true,as stated by the various witnesses, that you said you would not admit this colored boy to any school in which white children were taught? A-No. 0,-You didn't say that? A-71-1o. CROSS RX614TINATION, Lir. Berg: Q-Are there any colored children attending the Lumberton building? A-Ho. Q Are there amy white children in attendance at the Lincoln building? A-I think not. page 25,,-' -Don't yo u ]naow? A-Judging from the color of some of the children, I wouldn't be able to say. THE COURT: We might as well have it out right now - the one is a high school for white children, the other for colored children? A-Yes. Mr. Berg: How many teachers have you in the white high school? A-Fourteen. ^,-How many in the colored high school? A-One; except for music. Our special teacher of music teaches there. C?How many pupils have you in the colored high school? A-I think at the present time 26. n-Do you have amy recollection of any colored children at any time being in attendance at the Lumberton building, or at the white high school? A-1,To; I have no recollection. ''_Have you any of arV white children being in the colored school of Carlisle? A-1TIo. Q-There is a certain course that you pursue in admitting students - strange students? A-Yes. Q-Is not that course either by examination, or by certificate from the school previous]y attended? A-That depends somewhat upon the student, and the position he seeks admission for in the school. In our classification in the Lincoln building I do not conduct as complete an examination, but turn the pupil over to the teacher in charge with directions to examine him, and try him out, and classify him after a reasonable trial. -I didn't ask that.(Stenographer repeats question) A-Yes. page 26,' y v Q-Did you have ary white applicants at arty time for admission to the schools of Carlisle, who previously attended other schools, at other places? -Yes. -Did you offer to send those white applicants to the Lincoln building? A-hTo. 47hat course did you pursue in admitting those applicants? A-Either by submitting to examination, or having them present a certificate covering the viorok they had done in the other school, signed by the principal or superintendent. 9-After examination, if you were satisfied they were qualified to enter the h iii school, did you admit them? A Yes. ^,fter receipt of certificate fro:: the forizer superintendent showing the is, q ual i f is ati on, did 0 4z admit them? L.-To what school? -To the school to they 1;c re entitled to go - to the hi,�i ec: ool - ._�ite �zail.r3ren? t 1eil� r ti r?As a matter of fact, these branches were not taught there? A-.Lt that time, no. -If that is the case, why did you want to instruct this boy in those brancsles at the Lincoln building, and not put him with the other students in the Lamberton building? A-I thought I was carrying out the rules and directions of the Board. Q-;ghat are the rules and regulations regarding this case different from other cases? A-I dory t understand your question. (?-(stenographer repeats question) I,-It is no different. vdhy di dn't you admi t him at o nce? A-I felt he belonged to the Lincoln building. I:7r. Biddle: A-27o answer. THE COURT: You might as well state it was because he was colored. b-I guess that's r ie-;h t, Judge. Yr. Berg: Q�Jhen you say you cannot remember whether you made the statement to Reverend Young, in the presence of Reverend Leeper and 1-Jr. T.-loss, - that you cannot remember whether you said you would not admit a colored boy - is that the best of your recollection on the matter? -10y recollection is that ny statement to him was that I was not at the point to decide where he would go until examinations were held or a certificate presented. -I am not speaking of that. You said previously in your examination that you did not remember whether you had said that - whether you said you refused him admission on account of his color or not - I grant to know how certain you are that you do not remember? A-I would have to repeat my answer. I do not recall. page 28,-' rLI-Elight you have said that? A-I might have said that we had never admitted a colored student to the white high school. . I might have said that. 1111ght you have said to Reverend Young that the only way he could get the boy in the school was by the Court so deciding? A-hTo; I wouldn't have said that; I would say he mould have to refer to the School Board. I may have expressed an opinion as to what the attitude of the Board might be, in nF judgment. I might have expressed such an opinion. Q-Do you recall what your opinion was? Mr. Hambleton: I don't think his opinion of what the School Board might have done is relevant. RIr- B i ddl e: ?How main pupils in the white high school? A-Either 363 or 366. THE COURT: Q-26 in the colored? A-Yes. -Do you know about what the population of Carlisle is? A-We think about 12,000. The last census gave 10,303. n-About how many are colored? A-I think there are about 250 school pupils. QHow many colored people? A-I don't know. Q-Don't you know about? A-I have asked that question frequently. 4,-There are 250 colored children going to school? A-Yes; about 160 to our school,and from 90 to 100 to the parochial school. Q How marry white children go to the parochial school? AHone. Hovi many white children go to the public schools of Carlisle? A About 1650. page 29s Q"there is the .Lincoln school located? 4-On north Pitt street, half a block from i.ain. street. f. 'bout the center of the town? r-Yes. -ViThere is the Technical Hiji School located? -In the extreme south-western section of the tot-ai. --ris for conver_ience of access, the Lincoln school is better than the other high school? -BIuch more so. that about the only advantage it has over the Technical IIi�� School? Take the tvvo courses of study as found in the tyro schools, is the course of study in the Technical High School superior to that in the Lincoln High School? .41-The course of study as it appears on paper, yes. P Y'hat are the teaches in the Lincoln High School - white or colored? R A-At the present time,colored. �.'-Is the Principal colored? -Ye s. Q-In the Technical High School they are all rizi te? A-Yes. Q-How did you propose to have this course of study conducted in the Lincoln High School - by sending teachers from the white high school dorm? .,-:'hen rvre had a student qualified for the commercial course several years ago, we sent our regular connnercial teacher from the other building to furnish that instruction in the Lincoln building. C,-In your course of study in the commercial course, wouldn't you have to send =ere than one teacher? A-iTo; not for one student. Q-Could that teacher teach music,stenography, and all those things? A-0h, I beg your pardon. Our commercial course tapes stenography, boob keeping and typewriting. The other subjects of that course axe the page 30,' API sane as all the other students take. Mr. Hambleton: Q.;They are taiv2�ht in the Lincoln building? .L-Yes. ,,.r. Berg: ,_?-Didn't you say that ancient history is not taught in the Lincoln building? xi-Ancient history is not a subject of the commercial course. THE COURT: O-Doesn't it appear there in the course? It is mentioned as history, then ancient is written after? A-English, I think you will find. Mr. Hambleton: Q-It is English history. There is ancient written there? A-English history is the subject we teach in the junior year - not ancient. THE COURT: Q.-Is that taught at the Lincoln High School? A-English History? Yes. its. Hambleton: Q.-Did you hand these directly to 1-Ir. Young? A-Pio. Q-To whom did you give them? A-To Mr. Berg. n4lere these interlineations there? A-No. Q-It was all printed - just as the printing was? A-Yes. Q-1ho made those changes? A-I don't know mho made them. Q By writing there? A-I don't know, page 31,,° i;;r. Hambleton: We offer Exhibit,J.E.Q.#5,the election. (Reading; Q-You stated that exhibit #5 was the only election in writing made by Mr. Young? ,,,-It was. THE COURT: Q-' as that among the required studies in the commercial course - was geometry among the required studies in the commercial course? A-Ho - in our commercial course certain subjects are required, and we will permit the girls to elect some work in household arts instead of geometry during the first year of their commercial course. You will understand, if you take a course of study, so much is required, then under- neath that "elect one" of two. Geometry would have been required of this young man in the commercial course. n-You permit the girls to take household arts instead of geometry? A-Yes; that was true at the time this selection was made. At this time we are permitting the boys to choose manual arts work. Ia'r.. Hambleton: w-yo you remember a student named Carl Jordan? A-Yes. Q-'Vhat course did he take? A-He took the commercial course in the high school after completing the necessary preliminary training. n-In what school? A-Lincoln building. the same commercial course as elected by H. Earl Young - practically? A-Yes. THE CO URT: Q-You have sent white teachers from the high school down to the Lincoln school to teach, and they have taught there? A-Yes. We had white teachers at this time - at the time this case carne gyp, in that school. page 32; r Q-47as there a white principal of the Lincoln building? A-At that tine, yes. Mr. Hambleton: Nere you requested by the colored people at this time to remove the white teachers and put colored people in the school? (Objection] TN E 00 URT: No. Yr. Berg: E:diibit,J.E.Q.#3 shown witness: Q-Do you know who wrote on there the writing? A-No. -Do you know whose handwriting "choose one" is? A-No. O-Do you teach ancient history in the third year of the high school? A,No; we teach English history. ')-Yon have one teacher have you - how many branches in the commercial course does the one teacher instruct on? A-That depends on the niunber of pupils she has,and the number of places* tiHave you a separate teacher for stenography? A-No. C.-In what other branches does that teacher instruct? A-The commercial teacher now teaches stenography, typewriting,book- keeping and penmanship. Q-How maxW hours is that teacher employed in the Lamberton building a day? A-At the present time? Q How long was that teacher employed in the Lanberton building in the fall of 1915? A-I couldn't answer that absolutely without referring to my schedule - my impression is about 31 hours out of the 35 in the week - I may be one or two wrong. pare 33,1 C'-The teacher is a lady teacher? -Yes. n-She has classes in the morning? -Yes. Q-T aat hours does she teach in the morning? A-The programme is divided into so mazW recitation periods. Q-Is her time occupied with her scholars in the Lumberton building - or was she occupied in teaching stenography, bookkeeping and typewriting in the fall of 1915? A tdas she employed? Yes. Q,-And occupied - 31 hours a week you said? A Approxmately 31 hours a week. Q Hoag many hours are in the school period all told? A-35. n-Is there a little vacation on Friday afternoon? A-No. ,-71hat makes the difference of four hours? A-You aim in assigning work to teachers in the High School to give them thirty hours work a week out of the 35; so fax as your programme of study will permit of that, that is done. We sometimes find it necessary to assign the full 35 hours. Q-You figure on thirty hours? A-Yes. ^-If your teacher was employed thirty or thirty-one hours at the Lumberton building teaching stenography, book-keeping and typewriting, how could she be at the Lincoln building and also instructing - in 1915? A-S e was not there. Q,How could she have been there? A-She couldn't have been there. At the time I made this offer throw Mr. Sadler, I was autaiorized to procure an additional teacher. page 34 Ar 11,,r. Samuel 11. Goodyear, Sworn, Direct Examination, :,Ir. Hambleton: r)-:?re you a school director of the Borough of Carlisle? A-I am. 2?Iow long lave you been a school director? A-21 years. =Mat official position do you occupy on the Board? A-)ecretaty of the Board. C,Were you on the School Board in the fall of 1915 - September 1915? A-Yes. :?-Do you remember Henry Young appearing before the. Board? A-I do. Q-Did he appear more than once? A-Only once. n-It is set forth in this petition that he appeased twice? Is that true? A--No. o--UU.at is the date of the meeting when he appeared before the Board? A-May I refer to my Minutes? He appeared before the Board at a special meeting held on the 28th d.ay of September, 1915. 1'-That do the l:inutes show with reference to the action taken by the Board? A-I am reading: "Reverend Henry Young of Carlisle, appeared before the Board and stated that he had a son who is eligible for the high school, and stated that the Superintendent stated he could not be admitted, and asked that the Board order his admission. Action deferred until the next regular meeting of the Board." -: as aiv- other action taken except that which you report there, in, respect to this case? page 35; .dW A There was a general discussion, and the general consensus of opinion on the part of the members of the Board---- Q-that directions were given the Superintendent? A-The President directed the Superintendent to conveyix to--- Mr.- Berg: r-Is that in the Minutes? Ltr. Hambleton: No. 11r. Berg: I do not think that is evidence as it was not said in the presence of Yr. Young. Mr. Hambleton: I want to show that the Board directed him--- THE COURT: The official action of the Board must be shown in the i inutes. (Discussion; THE CC LMT: Did you say this was a resolution, or what? .°r. Hambleton: A direction. Thlh' COURT: There was no resolution or formal motion? L:r. Hamble tor:: as there a formal motion? A-There was not. ,Jas any direction given by the President? n-Yes. P=„11at direction was ;riven? A-The case was discussed by th_e Eo xd, aad ,while the 7 oard decided to defer action until tie nel:t stated ;:ieeti.o, the :;resident directed the Sunerinten6oait, 12. the men ntlme, to :notify 1.Rr. Young that action h�sd 'fee-__ deferred, paid wskjj b.i:_. to 'gave the young man, or he, for the yo-.ar_g elect tide course of study he desired to pursue in the high school. U11] CO MT: -u letter was written to that effect:' — es• T.H1] JOUR^: ,''The President did send that kind of a letter - ­o on - and he did elect? A-Yes. p2oe 36,`° 1r. Haableton: Q-'Mien was the next iiieeting held after the election was made by Mr. Young? A-I don't know when I's. Young made axV election. So far as the Board was concerned, we never had any notification of axy election. Q-ashen was the next meeting held? A-October 4th. Q-—W en was the next meeting held? A-November 1st. Q- eanwhile this suit had been instituted? A-Yes. Q-On October 21st`: A-Yes. There was no election made at the time the meeting was held on October 4th. No election had been made at that time. t least I received no notice., Q-You heard 1.r. Wagner testify. He said he was authorized by the Board to procure an additional teacher, if necessary, for the Lincoln building? Mr. Berg: That is objected to; and we ask that it be stricken out. THE, COURT: L-Is that in the 11inutes? A-No. BY THE COURT: The objection is sustained. It is stricken out. CROSS EX=INATIOr7, Mx. Berg: Q-You say L r. Young appeared before the Board? A-Yes. Q-And asked for his son's admission to the high school of Carlisle? A-Yes. Q-You say it was discussed before the Meeting? A-Yes. u-4 as the question of his color brought forward in that discussion? A-ITo answe r. page 37; 49W" ?4r. Hambleton: That is objected to. If we cannot show discussions, can they? THE COURT: It is immaterial about their discussions. We already have had,�hat there are two schools, one for white students and one for colored. 141r. Biddle: Q-Was the Superintendent to notify 11r. Young that the matter vmuld be considered at the next meeting? A-The Superintendent gave the notice to Air. Young that action was deferred until the next meeting, but in the meantime he should notify the School Board, through the Superintendent, what course he desired his son to pursue. When the following meeting time came around such election had not taken place. ')-The School Board took no action? A-They couldn't take any action. They didn't know what course he was going to elect. Q-They had received the certificate from Steelton, hadn't they? At the time of the meeting on October 4th, the Superintendent and the Board had received the certificate from the Superintendent of Schools of Steelton? A-I don't know anything about the certificate. Q-gas not that reported to you by the Superintendent? A-I presune it was. Q-Did not that certificate show that Young was qualified to enter aMr third year course in the Lamberton High School? A-I dons t know. Q-And you didn't care, did you? (Objection) A-I don't know that. "r. Berg: Q-Did you ever notify 1.1r. Young that his son could be adtni tted to the schools after that? A-I never had any conversation with him. Q-Did the Board officially take action on his request for admission? A-AT4o. page 38,v €?-From the time he made the request until to-day, they never offered to send this boy to the public schools of Carlisle? a-The Scrool Board never acted on his request. I'r. Fambletou: Q-'MW not? A-Because before we had an opportunity to act on his request, 1s. Young took it out of our }tends and instituted these proceedings. L'r. Berg: "-Couldn't you admit hire after that? A-I repeat my anscrer to that question. We believed the matter taken ovt of our hands,and that it was in the hands of the Court. Q-4'hether you couldn't have admitted him after that? L-I presume we could. The matter was never brought up. %Ve were waiting to hear from is r. Young. I.r. Biddle: F`-.Lid you think from his bringing suit he had abandoned his desire to get his son into school? L-I concluded that he had abandoned his desire to appear before the Board. Vou didn't conclude that he had abandoned his re,;uest that his son should be admitted to this school? A-I didn't give it a y thought. r,-Lo you know whether aa3y members of the Board at their meetings gave it ar�,y thought? A-I don't know. r" as not that discussed at the Board meetings? .Vha.t? Q-The ouestion of his bringing the suit and giving you a chance to escape admitting him to the school? A-Ido, it was not - not to my kno wl edge. page 399 ..► -Did not members of the Board say they were very glad he had brought suit so rapidly, as that gave them an excuse for keeping him out? 'L-ITo t at all. C?. 3othing of that sort? Mr. Berg: -0r `-lords to that effect? _-10. Tzr. Hambleton: The other members of the Board are present; it would be simply cumulative. TIM; COURT: I suppose it would be simply cumulative. Pa ge 10,` r. C. L. Liggett, Sworn, Direct Exp-mination, Er. Hambleton: `Tere you a school director of the Borough of Carlisle daring September, 1915? ..-Yes. Q-;then did your term expire? A-The first Monday of December, 1915. !,-Do you knovr what the size of the colored population is in proportion to the white? . >y* estimate has always been that the colored population has been about one-fourth. 'Me population of Carlisle is between ten and eleven thousand. f--One fourth colored? A-Yes. i.r. Berg: That is objected to, and vie ask that it be stricken out. TLT' COURT: On ttdlat ground? ,s. Berg: He does not seem to knot. He says that is his opinion. There are statistics that are accurate. TITS 00URT: Ohl I do not think that amounts to anything, so far as the jury is concerned. RE SI'O '4 DM,TT S REST TESTILOI Y CLOSM .page 41; r MIE CO MT: ',`fie will submit the question to the jury as to whether or not the refusal to send the boy to the Lamberton High School was discrimination against him on account of his color. I do not think there is any other question. To my mind, the evidence supports the demand made and the refusal. Demand was made, I take it, he having selected the course for that his son, and not being taken into the Lamber ton High School, UMM was a refusal to admit hint there; but there is testimony to the effect that they offered the same studies in the Lincoln High School. The question is whether or not they had the power to designate the schools where scholars were to go. («rgm,ent) .r. Hmbleton closed for the respondents; 1,s. Berg closed for the relator. ?age 42, v No. 166 i.ovdmber T, 1915. Co:-rmor_wealth ex rel. Henry Young VS. School District of the Borough of Carlisle, Pennsylvania. Petition for writ of Landamus Filed Oct. 21- 1915 And now 21 October 1915 a writ of alternative mandamus is granted as prayed for. ieturnable on 12 T:ovember 1915 By the Court .F.Sadler 1.J .3.&&G, JA. ATTOR�LY^tiT-L�:l Ti'Tll L.GAL PUBLISHING 30-- Y, sLT=S, -U-NE Cof=onwealth ex rel. * In the Court of Common Pleas of Henry Young Cumberland County, Pennsylvania. * vs. * Zoo. November Term 1915. School District of the Borough of Carlisle, Pennsylvania. * P TITIO.1 FOR ';'BRIT OF L.-IQAiIUS. To the Honorable 7. F. Sadler, President Judge of the Court of Co-:xiaon Pleas of the County of Cumberland. The petition of Henry Young of the 3orougn of Carlisle respectfully represents:- That he resides in the Borough of Carlisle in the said County of -timberland, and is the father of H. Earl Young, who is sixteen years of age, and who resides with your petitioner. That your petitioner is a colored man as is also his son, the said /' 4 � ..' H. Earl Young. That the said Borough of Carlisle is a school district of the third class the whose membership consists of seven following school directors, to wit:- T. Grove Tritt, ='resident, John D. Braught, Vice President, Sainuel M. Good- ;Tear, Secretary, Clarence L. Liggett, Treasurer, John Lindner, George Icy illan and Edwin E. 3arnitz. That the Superintendent of schools for the School District of the Borough of Carlisle is John C. ';ragner. That prior to his residence in the said Boroug. of Carlisle your petitioner and his said son, togetYyr with the other members of his family, resided in the Borough of Steelton, Dauphin County, Pennsylvania, in which said Borough his son was an attendant at the High School and did attend said high school until the close of the term in the month of J-:ne, 1915. That your petitioner on the fourth day of September, 1915, being then a resident of the said 3orough of Carlisle, glade application and demand on the said John C. Wagner, Superintendent, as aforesaid, for the admission of his said son, H. Egrl Young, to the hig - school of the said 3orough of Carlisle. That then and at that time the said John C. 'vaguer, Superintendent as aforesaid, refused to grant or give a permit to the said H. Earl Young for admission to the said high school for the reason that the said H. marl Young was a colored boy. The said John. C. 'ragner, Superintendent as aforesaid, refused to exaine the said H. Earl Young as to his fitness and .q,�alifications, though then and there requested to do so, and stated that he would not permit the said Larl Young to enter the high school of said Borough for the reason that the sane was attended by white persons only. T'.--.at the said John C. °,agrer, Superintendent as aforesaid, did offer to Give a permit to the said 17. Earl Young for attendance at the "Lincoln Building" which is a school set apart for colored children only and absolutely denied him admission to the high school of the School District of the Borough of Carlisle. That on the fifteenth day of September, 1915, and again on the twenty--seventh day of September, 1915, your petitioner appeared before the school directors of the said Borough of Carlisle, at meetings held by said board of directors, and regaested by application and demand to have his said son, r. Earl Young, admitted to the high school of said 3orouga. That on each of said dates admission was denied to the said H. Earl Young, though no reason was assigned therefor. That petitioner again made ap—,�lication to have his said son acunitted to the high school of said district on the twenty—eighth -day of September, 1915, and on the eleventh day of October, 1915, by ;making personal demand on the said John C. 71agner, Superintendent as aforesaid, and �ilaci:ig in the hands of the said John C. "0agner a certificate from Charles S. Davis, Superintendent of the school district of the :7orough of Steelton, aforesaid, showing that H. Earl Young, your petitioner's son, had satisfactorily completed the first two years in the Steelton High School and setting forth in detail the curf=iculum pursued and character of ;work done, a copy of which certificate is attached hereto and made a part hereof, maxk:ed Exhibit "ii". That on the last mentioned dater] to wit: October, 11th 1915, yoar petitioner in making his application as aforesaid, selected the "Third Year Cormnereial Coarse" taught in the said Carlisle High School, and his application gas again denied. Petitioner was then and there again informed that his said son was refused admittance to the high school of said district by reason of his color, and the said John C. ',r'aoner, Superintendent as aforesaid, offered to admit said petitioner's sox, th the "Lincoln Building", which is the aforesaid school for colored children. Tb.at t} e coarse of study selected by your petitioner for his said son is not taught in said "Lincoln Bluilding" and that admittance to the said "Lincoln wilding" was not and is not desired by your petitioner ror his son.. That the aforesaid school directors of the School District of the Jorough' of Carlisle, Pennsylvania, and their superin.tenden'l- Jf schools of said district efi:tse to admit Four .-etitioner's son, to the hi G'1 school in said district and are thus depriving him of the manifold advantages to je ruined by atteE.dar_ce and instructions in said school, which is the only school in said district ed for i.rstruction in the course selected by your petitioner for his said son. -.r r That the said 'rI. larl Your.S is refused to the said school bedause he is a colored boy and that this is in violation of his ri-its aim contrary to the Sci�ool Code of the Corar:.orn�vealtri of Pennsylvania. Therefore your petitioner, showi.nS these facts and also that he is without other ar?k-egaate ai;.d specific rer.:ed;; at law, prays this Honorable Court to issue a v,xlt of ma.nda::�us directed to the Board of School Directors of the School District of the Borough of Carlisle, Perrnsylvania, composed of the following members, to wit:- T. Grove Tritt, President, John D. Braught, Vice President, Samuel Goodyear, secretary, Claret;ce i.,"- Liggett, Treasurer, John Lindner, George i c.illan and Edwin ` I.. 3arn.itz, and also to John C. 71agner, District Superintendent of the School District of the Borouu; of Carlisle, -Pennsylvania, being all the members and. officers of t ie .Board of School Directors of the School District of t'rie Borough of Carlisle, 2e:.;nsylvaria, eommabding the said Board of :School Directors b;;- its proper officer to (I-At his said son into the proper school of tcoe said district, to %vit:- tie high school of the said Boroug'-- of Carlisle; or t"iat a rule on said Bccrd of School Directors and its officers may be granted to show cause why a mandamus should not be issued for the purposes aforesaid. and your petitioner will ever pray, &c. Henry Young State of Pennsylvania * S3. County of Cux.berlc nd. henry Young being dr-ly sworn accordi-r,� to law deposes and says that the facts set forth in the foregoing petition are correct and true, to the best of 'his lmiovrledge, infor;aation and belief. Sworn and subscribed before -ie * this 21st day of October 1915. * Henry Young Clarence J ' earir 1-1rott,or.otary .r yxhibit Steelton, Pa., Se�:t. 21, 15. Supt. Carlisle, Pa. Dear Sir: This will °certify that i. ,arl Young has satisfactorily completed tae first two years in ti-:e Steelton iii °h school and has been in re}ular attendance thus far in his Jr. year. Following will indicate scope and character of ,cork done with us: English Gram. Comp. - 3rubaker & Snyder - 1 full teriii- daily sec. 180 Classics Studied Ivanhoe, �:erch. of Venice S., Snowbound 4 Periods per week for 9 mo. .90 { Classics : Read Treas, Island, Franklin's autobiog. and 1st yr. Lady of bake Orthog. - One yoeriod per week - lst year 87 Rhet. - T'roMas 8 IT - daily for 6 mo. 84 Classics 2d yr. - Studied Sir Launfal, Julius Caesar, and Life of Johnson 3 mo. dai.ly& 84 Read Tale of T,.-;o Cities, Sketca nook, Idylls of King. Latin lst yr. - D'ooie's Latin for 3eg. - Co-npleted -- 9 mo. daily 89 2d " - G., Do., & D's 2d yr. Latin 79 Comp. 1 day per week ::ath• 11gebra - I,'ilve's l'Lcadeinie - Comp.-2 yrs. daily 88 Geom.-»;dent.-Smith•-2 3ks with orig.- 1 yrs. " Be Science i le.Science - 1st yr. - dai,j - See 11-ote 3k. - 9 Tao. 83 Biology — Hunter- Comp' 2 . ech. Draw. - 2 yrs. - 4 days per 'wk. - See Plates. 4 7 Vocal music - Drill &: Chorus. D Q0 Please let me "emow if you desire further information. Very respectfully, Chas. S. Davis. J AdP NO. 166 N0VET.:3ZR T:•.ilui, 1915. CO 01,-Li,LTH EX aLL. iI 112Y Y OL'l'G VS SCHOOL DI T ICT OF Tim: 30 OUGH OF 1LULAISL3, == . vI'T,97r li TO LLT :il--,=VE ;H IT OF ..:�.D�L.TJ3 BY SC :OOL DIRLCTO?S U r' SC=?CCL DIa-1ICT. Filed 1�iov. 12 - 1915 C OMAJ) iI:1P,31,i OT: ..'i T O.:f Y �O,,-D C OLD 3.,L OR iZ Ca3LISLE, ���. C01: 421 C _ `a'1 : :T YO IN THE C OMT OF C Q 1101 I PL 'iS OF C U:3 LiLI D C CUU] Y, 166, 1915. Co HM�:BY YOUNG VS THL 30n2.'' OF SCHOOL DI7L0TO t3 OF TILE SCHOOL DIST I" 1' I:� : B0 OIiG�': OF CAALISLE, -=—T i.. T. G.IOVL T mm Tom;R rt� 7: _ �.., GC 3I1�, iIZu:1, L,1• tii• , Vi'_Lv1 :U ti+ L OF JILT]) :D JOH+ C. ��dG yr i, DIS'i'PICT SU���:L�li+`i'.:.¢L .' vi' T Ic' SCIiOOL 02 0�3LI31,4, Lill 0.' LXisiITS. -------00040000------- _. i® TtL: lu� v . 3LE 1. �ciDiat;: , �1iil11J iu1QT Jt,: J UY 'L OF ii s. COUNT 02 CO::--a: 2I1A-Ltil OF 'The Board of School Directors of the School District of the borough of Carlisle, by T. Grove Tritt, President of said Board, for himself a11d other officers and members of the said 34oard, defendant, snakes answer as follows. 1. That your responde17ts admit that the said Henry Young ar_d the said YT iarl Young are residents of tale borough of Carlisle and belong to the colored race; and it is also adxrritted that the persons named in said writ as officers 6 �� 4 and members of the School 3oard of the Borough of Carlisle are correctly set forth in the said petition. 2. Your respondents deny that the yaetitioner appeared before the said School Bogrd of the District of Carlisle on the 15th and- 27th days of September, 1915, but it is admitted that the said petitioner apppeared before the said Board on one occasion subsequent to the times set forth above; it is admitted that the said Relay Young on the occasion that he ay;pca.red before the Board requested that his son 1 . Earl Young be a&iiitted to the High School of the said District, without designating however which depart«:ent of the said Nigh School he desired admission to or without stating the partiau.lar course in the said High School he desired to pursue, whereupon the Superintendent of the said School District was instructed to ascertain what course the said li. yarl Young desired to be instructed ire; that it is not true that the School Directors of the said School District either at t'de time of the a_pearance of the said petitioner before tree said 3oard, or at any other time denied or refused the said H. Earl Young admission to the said Hih� School; on the contrary it is averred that the Superintendent was instructed by the said School Board to ascertain what course the said -Earl Young desired to elect and to re-.)ort the same to the said Board; and it is further alleged that after the said action on the Dart of the said Board, that inquiry was duly made by the Superintendent as to the course desired to be elected, but before the next meeting of the Board at which the report could be delivered this proceeding was instituted and as a result thereof no further action has been taken in the ore :ises. 3. Your respondents further aver that it is their duty under the law to classify and assign t? e pupils in the School District of the 3orough of Carlisle to such school or schools therein as it ma*, deem best, in order to properly educate the said pupils and that the said School Board is now aIA always has been ready and willing to assign the said H. Earl Young to such school as he is qualified to enter, and that it has not at any time refused to admit the said 4. marl Young to the igh School of the 3orough of Carlisle, or any other school in said District because of his race or color, but has 7 r e always been willing to furnish the same in equal facilities to any and all residents of the said Borough, including the said 11. -Earl Young. Your respondents are further advised and believe that John C. -Wagner, Superintendent of said School District has never refused to ad-luit the said H. Earl Young to any of the schools of the said District because of his race or color, but on the contrary has always been willing to admit him to such school in said District, and to furnish him the same facilities as to any otipr pupil of like mental acquirements and qualificationse rlhereupon your respondents pray that they be hence dismissed with their proper costs. �L d they will ever pray. T. Grove Tritt, T. Grove Tritt, being sworn according to law deA-oses and says that he is -'resident of the School Board of the School District of the Borough of Carlisle, and that he makes tine above answer on his omi behalf and on behalf of the remaining officers and meinb, rs of the said Board, as-.d that the facts set forth in the said answer are true to the best of his alowledge and belief. Sworn and subscribed before me this 12th day of 1iovember T. Grove Tritt. n.D. 1915 Charles P. .iateer Deputy Frothy. NO. 166 November Term, 1915. C OT IOIST.MILTH LX. REM. Hr`'T..':_iY YOLK]"G vs SCHOOL DISTRICT OF THE BO iOUGI 0 OnIiLISLF,, AES:'iUi TO --":-T'-' _':.TIVE °,:SIT OF IIAXDA'.''US BY JOH : C. SUPT, SCHOOL DISTRICT. Filed 11:ov. 12- i-lj �BLETON COUNSELLOR 6T L$:1 PHILO-•SELBY 421 ST Tit 1,03 YORK II', THE COURT OF COIL-11G; PLEBS OF CULBER ,!Z COUNTY, 2% A. NO. 166, NOT 31-a TLRY, 1915. COMYIO]ri-,Z&-i-LTH OF P::iidSYLYLUA, EX REL HENRY YOUNG vs THE BOARD OF SCHOOL DIP.ECTOHS OF TIES SCHOOL DISTRICT OF THL BOROUGH OF U.RLISLE, Pte:U. T. G AYE TRITT, it 'SID:I T, ET. AL., OFFICERS Ai-D I 3ERS OF SAL" 0. DIST3ICT STT-M- SCHOOL DIST-HILT OF Ti_ OF ATI S'T OF JOli14 C. -------•000000000------- 9 TO THL HOHOl-i�iBLE W. F. S.".DLy3, P�',ESID d 11-ND, S QI JUDGE OF TFL COlUHT OF C Oiu IOid ?I,�!A S OF '11-13�IJT D COCIT T Y. 1. Your respondent admits that the said Henry Young and the said 11. Earl Young are residents of the borough of Carlisle, and belong to the colored race; and respondent also admits that the persons named in said writ as officers and inembers of the School hoard of the Borough of Carlisle are correctly set forth in the said petition, and that he is the Superintendent of the said School District. 2. That your respondent denies that on the 4th day of September, 1915, demand was made upon him by Henry Young for the admission of his son 1111. Earl Young to the High School of the said School District, or that he refused at said time to grant a permit to the said > . "arl Young for ad,Assion to said High School for the reason that 'tie was a colored boy, and your respondent further denies that he refused to examine the said II. Earl Young as to his fitness and qualifications for admission to the school or any of the schools of said School District, and that he refused to admit the said I?. Earl Young permission to enter the said High School for the reason that the same was attended by white persons only. On the contrary your respondent avers that ors the said day I;ss. Henry Young in cornpary with the said I.I. ::arl Young called at his office and asked to have the said I.. earl Young admitted to the ju,--ior class of the Hi; 'h School and was informed by your respondent that he could not be admitted on his ovoa statement relative to his qualifications, 'put .could be required to taste are examination in order to satisfy your respondent of his fitness to enter the said grade, or in lieu thereof a certificate from the proper authorities of the School District, a school of which being last attended by him would be accepted; and the said '.Irs. Young was further :informed that about two days time vrould be required to arrange for and hold said examination, but that the sane would be array ;ed for the follotiririE weep if desired by her. No s uch arrangement was either requested or made by either the said 'sirs. Yours or the said II. Karl Young or any one else on his behalf; subsequently a certificate from the School District of the 3orough of Steelton, pro;perly signed *as presented to the Superintendent and by 'rim, as is required under the rules of the 3oard, to � a the hoard of School Directors of the School District of Carlisle, that thereupon a request was made to the said H. marl Youriz; or his representative for the election of the course of stud;,, desired to be yursued. That the petitioner on behalf of Earl 1'oun advised respondent that his son desired to tae the coirunercial course; that before the next meetinv: of the :'3oard of School Directors at wlaicli this reyport could be made the _present proceedin� was instituted ai.d that as a result thereof no further action, was taken in the said case. Your resyonr.eiat denies the alle-ations contained iii the ?etition aas the sa_.e are stated therein *vhicl, are as follOWs: j "That them and at tLat time (tue 4t'ii day of September, 1915) , ttie said John. C. `:;agiaer, Su.,)erintendent as aforesaid, refused to .grar-t or dive a jeri.iit to the said H. Larl Your-,-, for � ad issioil to the -0Chool for the reas on that tlae said YOux J s a Col.oreu- goy" ; Or " 'that the S�_,i,i_ John u. yc•UL_ei`, �' i)erintendent as aforesaid, refused to examine tlhe said F?. Yo-no, as to is fitness and qualifications, t'aou h then. and t�iere requested to do so, yi d. stated thhat he v�0u, i:_ot r r:it the, sai? I. marl A'our to eater Vie 'i h School of said 301-0u& for the reason that the same was attended by °,i«ite _,,ersons only"; it is further dei:iied "that your respondeiat on tie 11th day of October, ljl5, informed the said yetitior:er t iz t ih15 Soil Was ref sed a(. ission to the nigh JClOol of saiCi District b reason Of :.is color". That in reference to the allegations made in the :etitior, that tlae course of study desired to be pursued by the said H. Larl Young was r.:.ot taught in the Lincoln uui.ldino, J01ar rOS_)ondent avers that the safne fa ilities a.ii_d the same courses are furhaished to all residents of the 3orou h of Carlisle irrespective of race or color who sisow their mental 4aalificatiohhs for tiie pursuit of the sa:.e. That at iio ti_.e did the School District of the LOrougci of Carlisle deny the ai)plication of tt.e yoetitioiier on behalf of 'his son to the ri I-A to tale a coiimercial course and had the sa:ae been t�,,,pproved by the said School District, the said School District would have Parr:,is.ed to tre soil of the i%etitioner the sa .e facilities and the s,?-le instructions as are furnished to all other .residents of t'.-c said borou-:i regardless of race or color. That thoucgh it is true that I ,v a a t, the petitioner on behalf of his,�son did elect to tai.e a coi,uaercial CWZrse a.x.,d � i I1 did notif r the said auperinteadent, +hose daty it was under tale law to liotifv the School 3oard of the School District of the T_orough of Carlisle, yet the present proceedin was instituted prior to the next regular _:eeting og tt.e =oard of School Directors at -Maich tide the re )ort ;could regularly be ,lade, a...d ;o ur -2as—)on dent denies that at any time tie refused to f'zrrish to the �etitior�er's son the facilities fur . st_ed to all residents wlao are accopted as ;U" ils in the co:, ercial course or._ account of his race or color. It is further denied., although imiaterial to the issue presented. b\ the oetition., twat facilities are rot, -L-L,.rnished in the Lincoln .3uildir equal to t'-iose furnished in the Lanberton wilding -:.pien the sane are necessary, or recuired, the 7EHLiii School of tae T,,istrict of Carlisle being located in bot'i of said Buildings. '.thereupon �-our resljondert prays that he be Bence dismissed with proper costs. i�_d iie will ever ;dray. John ne Jobn C. `7agner, being sworn accordiiio,, to law cte roses and sa; s that 'rye is Suj)� rinter,dent of tib_e Sc'�ool District of the 33orough of Carlisle, aizd that he makes the above answer or_ his own behalf and that the facts set forth in the said answer are true to the 'nest of his 1 owledge amd belief. Sworn and subscribea before me t'.is 12tH day of 1'oveiaber .. John C. 1agner. a.D. 1915. •• Charles ?. „ .tee-r De.c)uty Prothonotary tS�� No. 166 Nov. Term 1915 Comnonwealth ex rel. Henry Young vs. School District of the Borough of Carlisle, Pennsylvania .Replication of the Plaintiff. Filed :gar. 29 - 1916 Berg. Co=onwealth ex rel. In the Court of Common Pleas of Henry Young CUrrnberland County, Pennsylvania. vs. ho. 166 1�overrber Term, 1915. School -�istrict of the 3orougli of Carlisle, T_'ennsylvai-ia. PI,iCul'IUi OF '1' i1,1IL-21 'F* laid the said Henry Young, the plaintiff in the above action, in reply to the return filed by the defendant, says that the said answer is not true in so far as the sa.ue contradicts the averments in the plaintiff's petition and the plaintiff joins issue on the ,-natters alleged in the answer, Henry Young by his attorney Herman .Berg Jr. arch 28, 1916. 1.3 t No. 166 Nov. T. 1910 Commonwealth ex rel. Henry Young VS School District of the Borough of Carlisle Peal nsylvaria. alternative Writ of i,andanus Berg. .`0tty. In the Court of Common Pleas of Cwiiberland County Pa. County of Cumberland, ss. The Coinmorc,,vealth of Pennsylvania to the Board of School Directors of the School District of the Borough of Carlisle, Pa, com.)osed of the following iieinbers, to wit: - 1. Grove Tritt, -resiaent, John D. 3raught, Vice President, Samuel ;.:. Goodyear, Secretary, Clarer_ce V. Liggett, Treasurer, John Lindner, George acillan and Edwin L. 3arnitz, and also to John C. Magner, District Superintendent of the School District of the Borough of Carlisle, Pen nsylva. ia, Greeting:- 'snereas, Henry Young has filed his inforiiation in our Court of Co:iimon Pleas, setting forth that he resides in the 3orough of Carlisle in the said County of CLunberland, and is the father of I. Earl Young, who is sixteen years of age, and who resides with your petitioner. That your petitioner is a colored marl as is also his son, the said r. Larl Young. That the said 3orough of Carlisle, is a school district of the third class VI-Lose membership consists of the seven following school directors, to wit:- T. Grove Tritt, Piresident, John D. Brauc-ht, Vice President, Samuel . Goodyear, Secretary, Clarence ;:. Liggett, Treasurer, John Lindner, George i.:ci.°i11ar and Edwin 7. Barnitz. That the Superintendent of schools for the school District of the 3orough of Carlisle is John C. 71agner, T l:i.t prior to iiis residence in the said Borough of Carlisle your yetitioner and his said son, together with the other meMbers of nis family, resided in the Borough /Lf i of ,Steelton, Da-,...phin County, Pennsylvania, in which said Borough his son was an attendant at the Nigh School and did attend said Nigh School until the apse of th-e term in the month of June, 1915. That *our _:)etitioner on the fourth day of September 1915, being then a resident of the said 3orougz of Carlisle, made application and de.nand on tl--e said John C. ";iagner, Superintendent , as aforesaid, for the admission of his said son, marl Young, to the high school of the said 3orough of Carlisle. Teat then and at that time the said John C. ?Wagner, Superintendent as aforesaid, .refused to grant or give a permit to the said ?I. Earl Young for admission to the said high school for the reason that the said : . marl Young was a colored boy. The said John C. Superintendent as aforesaid, refused to exaiuir_e the said i. Llarl Young as to his fitness and qualifications, though t1h.en ax.d there requested to do so, and stated that he -could rot peruiit the sai6k :earl Young to enter the high school of said Borough for the reason that the same was attended b;T -white persons only. That the said John_ C. `?agner, Superintendent as aforesaid, did offer to Dive a permit to the said T. marl Young for attendance at the "Lincoln Building" �,wilich is a school set apart for colored children only and absolutely denied him admission to the high School District of the Borough of Carlisle. That ors the fifteenth day of September, 1915, and again on the twenty-seventh day of Septe. ber, 1915, your petitioner a_)peared before the school directors of the. said Borough of Carlisle, at meetin-s held by said board of directors, and requested by application and demand to have his said son, I. Earl Young, adAtted to the high school of said Borough. That on each of said dates admission was denied to the said T% Earl Young, thought kK no reason was aasigned therefor. That petitioner again made application to 'a�L.ve his said son admitted to the high School ,:f said district on the twenty-eighth day, of September, 1915, and on t:e eleventh day of October, 1915, by making Dersonal demand on the said John C. +7gner, Si,_perinterldent as aforesaid, and placing in the hands of the said John C. 77agner a certificate from Charles S. Davis, Superintendent of the school district of the Borough of Steelton, aforesaid, showing that H. Larl Young, your petitioner's son, 'read satisfactorily completed the first two years in the Steelton nigh School :.end settir_g forth in detail the curriculum pursued and character of wort: done, a cope of w- ich certificate is attached hereto 1 and made a �oart hereof, marked Exhibit That on the last mentioned date, to fait: October filth, 1915, your petitioner in snaking his application- as aforesaid, selected the "i "_ird Year Commercial Course" taught in the said Carlisle high School, and his arj2lica.tion was again denied. Petitioner was then. and there again informed that his said son was refused -ad iittance to the high school of said district by reasori of his color, and the said John C. 't goer, J1.,perintendent as aforesaid, offered to al-:dt said y,etitioner.•'s sor to the "Lincoln Building" vrhich is the aforesaid school for colored children. That the course of study= selected by your petitioner for t.is said son is not taught in said " .ir_coln 3uild.in�;" and that ad-Attance to the said " .incoln Buildim•" was not and is not desired by your petitioner nor Isis son.. T"iat the aforesaid school directors of tie :school District of the 3oroug« of Carlisle, Pennsylvania, and their superintendent of schools of said district refuse to adroit 1. :a..rl Young, your petitioner's son, to the iigh school in said district and are thus depriving him of the manifold advantages to be gained by attendance and instruction, in said school, which. is the only school in said district ejuiy,ped for instruction in the course selected b-f yrot.r ,petitioner for "-.is said son. 'that the said. '7. Earl Young is refused admittance to the said School because he is a colored boy and that this -is in violation of his rights and contrary to the School Code of the Go, ionvrealth of P'erms7lvav ie., �',�ad tv.-�ereas, ��>� said : for,:ation, and acc� �di_:� I c !',e grayer t' e:-eof, the said court did order a writ of a.lterrd.tive rnaa:.damus sho4.ld issue as prayed for: tCLerefore, +e coimiia .d you, the Board of Sc'rool Directors oi' tlue SC I-1001 DStrlCt Of the BOrOUgY1 Of Carlls e, 'e "!::S %i�arlla, S i�110wS:- i'. �rrOVB rltt, "'resident, John D. 3raught, Vice Presideit, Samuel ._. Goodyear, Se0retaryT, Clarsnce : . Lim-,ett, Treasurer, John Lindner, George ar,d. Edwin. �. 3ar?ritz, >_.-d also to John C. 'rlagrier, District Saperintender.t of the School District of the Borough of C=rlisle, .� . to adroit E. Earl Young into the �roy,er school of the said :school District of the Borouuti of Carlisle, 'Pa., or tfle cause yvay riot you show, in answer to t°.:is writ, on the 12th day of ov. D. 1,_15, and 'aerein fail riot. I : tr.•ess, the onorable '. .F.Sadler, 'reside it of our said court, G.t Carlisle, this 21st day of October 1915. Glare--ace J. Teary (;;,.." 2rothonotary State of Perxi.sylvaida, ) JJ. jounty of Cumberland ) .Persoli=lly a_peared before me, Deputy Prothonotary of the Court of Oo mor. 2leas of Cumberland County, ':d H .."'effer, Deputy to Alfred Greenwood, high Sheriff of said County, who being duly sworn accc.l ding to law, d.e�%oses and says teat on October 23, 1915, at :15 o'cloc� a.,�. , he served the within ;writ or. T. Grove Tritt, 'resident of the 3'oard cf School Directors of the 3chooi District of tcie :3orough of Carlisle, P-a., by producing the original fait, makiaap, known its contents aa.d handing to hira persoiially a true and attested copy of tyre same at the office of tree Carlisle Shoe Co. , in Carlisle, Pa. That on October 23, 1915, at 11:20 o'clock ts.. .. , he served the within ;grit on John D. 5rought, Vice President of the Board of School Directors of the School District of the 3orougH of Carlisle, Pa., by producing the original writ, caaICing kaiovm:. its contents, and handing him personally a true and attested copy of same on Cherr;v Street, in the 2joro,�;h of Carlisle, Pa. shat on October 23, 1915, at 9:00 o'e10ek L I* he served the within writ on Samuel -Ii. Goodyear, Secretary of the Board of School Directors of the "chool District of the 3oroagh of Carlisle, Pa. , by producing• the original writ, makin kL:OWn its contents and 'Handing to hire personally a true and attested copy of the same at his office on South 'a<<over St. , Carlisle, 1"a. That on October 23, 1915, at 8:50 o'clock n.i�., lie served t?ie within writ on Clareiice L. Liggett, Treasurer of the Lo:-ird of School Directors of the School District of the :3oarough of Carlisle, Pa. , by producir the original writ, making luiown its contents and handing to him personally a true and attested copy of the same, at his office on the public Square, Carlisle, Pa. That on October 23, 1+15, at 9:05 o'clock he served the within exit on George Esc Ullan, a member of the School 3oard of the School District 7 I of the 3orough of Carlisle, Pa., b;- producing the original emit, making i�nowr.i its contents aid handing to hirs personally a true and. attested. copy of the same, at the Carlisle Deposit Bank, in Carlisle, That on October 25, 1915, at 8:30 o'clock ".L. , tie served the within writ on Edwin E. 3arnitz, a.member of the 3oard of School Directors of the :school District. of the 3o-rou�h of Carlisle, Pa. , by producing the original writ, makiru- kr?ov1 its contents, and handing to him personally a true and attested copy of the sane on -7 St High St., in the 3orough o.f Carlisle, x'a. That on October 26, 1915, at 8:00 o'clock P. ., 'Cie served the within v,xit on John Lindner, c rne_aber of the Board of School Directors of the Borough of Carlisle, Pa., by producing the original writ, making known its contents, and handing to him personally a true and attested copy of the same on '+es% High St. , in tine ,Borough of Carlisle, 2a. That on October 23, 1915, at 8:55 o'clock ;L.L. he served the within writ on John. C. �Jagner, .District Superintendent of the School District of the 3oroujh of Carlisle, Pa. , by producing the original writ, mal.ng known its Contents, and handirie to hits perso-rally a true and attested copy of the same, at the office of Goodyear 3ros., on South Hanover at. , in the 3orough of Carlisle, Pa. ;'I H 2effer De.aty Sheriff. Sworn and subscribed to before sae this 27 day of October �,.✓., 1910. Charles P. .iateer Deauty x1rotho-notary W1100 I. 2.75 S. 2.00 copies 1.75 mal-in copies 60 milers ,8.10 Sheriff Greenwood. Property Committee Gradixig and Transfer C.i. .LIGGLl" Committee 3.IZ1.G0'-TY i School District FED`IE = --.IIIZ of the C. 1. . LI TT 30oks aid Supplies Borough of Carlisle, Pennsylvania Discipline Committee Committee G 0,, , •. S.;I.GOODY;I�,a T.GlqOU TA122, 2resident 3. 1.GOODY Secretary JOM-N LIIIDLi-I Ju:i.'<; D. 3PL JUr1T, Vice-Pres ident JOT D. BRA G iT C...1.LIGGLTT, Treasurer leachers Committee Finance and Ludit JOH4 C. ','JLGIUTA, L.Lo Superintendent JOEL'." D. 311.a 'G_.T Committee L. 3L.11LITZ Carlisle, Pa., SeyA. 28, 1915. 3ev. Henry Young y. 2omfret St., Carlisle, Pa. Dear Sir: I am directed by the School Board to say that final action on your request was post.:)oned until the regular meet-ing next .`onday evening. I-eantime, please call at my office and select t:ie coOTse of study that yo-a desire your sun to pursue. Very truly yours, Jno C Wagner r erupt. i Jy� 2 L.B.11YE9 LSS'T PUN. VIOLS 3. TiELL ; �s.TI:� ::',:.til ICS t:I�'GLBlts ZI GLISE �:aT3Y H. HITE STEEL III 0 ' HIGH SC±70GIL LET Iii JOSE°:i H. I-E ST ROSCI OL BO'. G A.G. HOT TE''.3'.:.LI.Y r GLISH Cam°. S. aiiCI � O _1.RCL D 'T priLZ D. 1:ILLLH LW, F. STOT __i CT_ TC`sL DRS LGEDr.L G?i: t: U.L�L.IL V. AHZASS I'II-is C I I S:LC I.iL ionday - S e-AA 27. Se ti 210 15. SuL,)t. J.C.`dagner, Carlisle, Pa. Dear Sir, This will certify that H. Earl Young has satisfactorily completed the first two years in the Steelton. High School and his beer. in re;;zlar attendance thus far in his Jr. year. Followirg will indicate scope aud character of work done rritli us: Gram. u; Comp. - Brubaker w Snyder - 1 full teriu - daily roc. 80 Classics - Q Studied _Ivanhoe, i::erch, of Venice & Snowbound 90 ( 4 Periods per week for 9 mo. Classics ( '.lead: Treas. Island, Frarklin's .Lutobiog and Lady of Lake 1 st yr. Orthog. - One period per week lst year 87 Riiet. - Thomas & Hare - dal `y for ci ,no. 84 Classics - 2d yr. - Studied air Launfal, Julius Caesar and Life of V Joluison 3 me. daily 84 .:ea.d Tale of Two Cities, Sketch 3ook, Idylls of iiing. Lat in - lst ;;r. — D'Ooje's Latin for :3eg -- C .,11 o leted 9 iIlU. daily 89 2d " G., DG., D's 2d yr. Latin r' if if 79 It it rr rr n n ++ .Coa-Do 1 day �,. r 1Vk :;_u X11♦ slgebra -- Yilve's academic Comp. - 2 ;o=rs d ,:.1J 68 ,Jeom* - 7en.t.- Smit1l - 2 ks wit'.0 OP �'. - l ;•r }' 88 Scieace ; le :iCience - is t '•- dtAly �- ;Tee note 3k - V t=!� . 83 :�ioi��•t - :.writer - rr ;i rr rr n n y2 �Ul Stee-!`.;Jxl Sol 01 L G .ILI S. LI LIR;L'.;.[C, LLE�IL; V. E�ss 3 2 ; T S fII- IKTIech. Draw. 2 yrs. 4 days -per wk. See 2lates. 7 L�, Vocal liasic Drill & Chorus 80 -art, er information. tio . ease let cue laulOw if you desire f Very res,.,ectfully, 0".Las 3 Daviso -Lecd 'OeiA, 27 +` CAiLiIgl :SIGH SCHOOL (5) English (5) Latin or German (5) algebra (2) Botany (1) Pen::anship • (1) husic (5) Woodworking ( For Boys). (5) Lecinarical Drawing ( For Mys). (5) Cooking (4) Sanitation (1-2) First aid (1-2) ( or Girls). (5) Sewing (4) and applied Design (1) ( For Girls) SEC OID Mlwa CALU.IJISNU COME GE�' CCuiisE (5) Eng li sh (5) Latin (5) Latin or German (5) Greek or German (1) Penmanship (5) Algebra (1) lus is (2) :inci ent -,.'!story Elect Three (1) Penmanship (5) Physical Geography (1) :._usic (5) algebra (H) ancient History (p) +o odwarking (4) Drawing (2) or ,Yo odworkirig, '(4) Shop;11athematics (2) (For Boys). (6) Household Art; ( For Girls ). i ibii :ATS COL iSr. "^''";''OLD ARTS 3,713M (5) EvIlish (0) Lnglish (5) Latin or German (5) Latin or German. (8) Shop Work (6) Cooking (4) harketing 11) Serving (4) Drawing (1-2) Household :accts. (1-2) (u) Shop 7athematics t6) Sewing (3) Drawing and AsQu (1) Music (1 1-2) Laundry (1) Personal (1) Penna.nsi}ip Hygiene (1-2). Elect One (1) Ions is (5) Connercial and Industrial (1) Penmanship Geography Llect One (5) algebra (5) Physical Geography {2) ancient History (5) algebra (2) incieV History i .M1.0 Y , r C.0 V iJiJ i'vriL v�v LSL (t�u::� L�iu `iQU;+.>7:i (o) ;nglish (5) nglish (5) Lat in (5) Geo,r:etry (5) Greek or German (1) Lius i.c (5) Geometry .:1ect TIL-ee (3) F,nglish History (5) Latin (1) (5) GerMan (50 -"Physics (3) History (6) 311op '-Work (4) Drawing (2) 2or 3oys). (6) Household its ( For Girls). .-I Ts COUiiSy HOUSLL-OLD a i S 00013 2 (5) Lng°1ish (5) �,ngl ish (5) Physics (1j Lusic (1) :usic (6) Sewing ( 2 1-2) Lillinery (2 1-2) j6) Shop Work Drawing and Design (1) (4) Drawing (6) Cooking (3) IN-ar sl n (1 1-2) (2) Shop ;iathematics Household inana.geiiient ( 1 1-2) ylect Cne Llect Two (5) Latin (3) English Hlistor - (5) Ger-mar, (5) Latin v (b) Geometry (5) German (3 History (5) Geometry (5) Stenography (5) Bookkeeping ✓' TyiDewritb; ✓, (5) i:Ylgiish ✓ i lGe (3) riFik- 4ek History ancient (1) Lusi.c ✓ (1) PeYlnla2-,S11.1 p ✓ 2lect One (5) Geor:ietry choose one. (6) Flousebold .arts CLASSIC," CU-J"ISE �J) :cnglish (5) L-&-tin (5) Greek or German (5'j U.S. History art Civics (5) U.S.Histo-ry ar.d Civics (1) L:usic (1) Lusic Tilree Llect One (5) Latin (5) Geometry, Solid (5) German (5) Chernistl y (5) Geometry, 'Solid (5) �ritlunetic (5) Chemistry (6) Shop �.Vork (4) Drawing (2) ( For (5) . rithmeti c Boys ). (6) Shop ':fork (4) Drawing (2) (For 30ys). (6) i=ausehold :rts ( For Girls ). Girls). - r • =M.L.L ART'S COURSE HOUSEHOLD AIM COURSE (5) Lnglish (5) English (5) U.S.History and Civics (5) LT.S. History and Civics (5) Che-ii stry (5) Hous eh:old Chemistry (1) uaic (3) Sewing (8) S1-,Lop 'r+ork (2) Bacteriology (4) Drawing (1) Care of Children: (2) Shop (1) iusi'e (5) Elected from any other Course C Oi'.�1:.i3C Id.L C OU 1iE (5) Stenography (5) Bookkeeping (3) Typewriting (5) U.S'.Hstory and Civics (5) Coaiunercial Arithmetic (1) L-,usic (5) English S.Pellii.g in connection with all subjects. Fiarures in parenthesis indicate the nwr�ber of recitations per week, recitation periods being from 40 to 45, minutes each. One of the periods in-English to be devoted to work ir_ Public Sypeaking. . J k & ♦ . � : . > . T%AW . OCCRO, 02 STUDY aS \GA .I QH= HIGH SCHOOL ! LINCOLN B ILDI G . A CLASS spelling . q Iie2 J£ as Lat in with etic Geometry c.3,\istor & Civics 3 CAS Sp lli lag 2hasics . Satin eto£ic Algebra &>Geometry ° History & civics C CL SS \ . 3£elli g Olis GrammaV and Literature Latin Algebra and .itr etic English History Physical Geo,a&/ . .20lA■■ Qp lli� y . \ Ln lia1! a£a# and Literature Arithmetic . . Kigebra Latin �y EI;r.C'i I01y a (,Ii. Ti Q Yip:, o the Principal: Oct 11 15 I desire Earl young to pursue the Conersual Corse in the :Ii h ;ioul -mmmkxymm with tf1e followin elective studies: Gernert', Sio:aed Rev H. Young Parent or Guardim. AP f T hereby certify that the proceedings, evidence, and charge are contained fully and accurately in the notes taken by me on the trial of the above cause, and that this copy is a correct transcript of the same. Official Stenographer The foregoing record of the proceedings upon the trial of the above cause is hereby approved, and directed to be filed. President Judge ;� .. .„ 164 pp o i i i reZo/, 001. ,Ri --I f/6 Commonwealth, ex rel., In the Court of Common Pleas Henry Young, Of Cumberland County, Perna. VS* No. 166 November Term, 1915. School District of the Borough of Caxlisle,Pa. r C H A R G E O F T H E C O U R T Delivered Thursday October 1281916. GENTLEt1!EN OF THE JURY: This is an action arising on what are called mandamus proceedings in the Court of Common Pleas of Cumberland County, in which the School Board is required to admit H. East Young to the Lamberton High School, in the town of Carlisle, or else show cause why it should not be compelled to do so, and this has resolved itself into a civil issue before you. H. Earl Young was a young lad, who had gone to school at the Steelton High. School, and his father, vho is a minister, came to Carlisle to live, and he went before the School hoard, and requested that H. Earl Young, his son, be admitted to the third grade. We think from all of the evidence there is no disputing the question of fact, but what the father did demand, from both Superintendent Magner, and also from the School Board, that his son be admitted to the Lamberton High School. At the time the demand was made, the matter was deferred by the Board of School Directors, and it seems that nothing further was done by it,except to have the S`uperintendsnt ascertain from Henry Young what course he desired t his son to take, and he, in reply to that, indicated the commercial course. If there was nothing further in the case, we would say to you that that part of the ease had been made out, and he was refused admission to the Lamberton High School. These boards of school directors can t evade a demand of this bind by simply deferring action. As we understand the case, students from other schools were admitted to the high schools of this town, either upon examination or proper certificate, and I think the Superintendent said that certificate was immediately furnished to him page is and met the requirements. I do not think there could be any doubt of it, after looking at the certificate and seeing the boy's standing in his several classes. But the School Board in reply say that they did not refuse to admit him to the high school, but simply to the Lamberton High School, and that was because they had another high school, and they offered the young man, or his father for the young man, the same courses of studies as were taught in the Lamberton High School, and that that was within their power to do; that they had the right to establish schools,and say who should go to them. And it does appear from some cases as though the courts of this state had given to the school directors, in their discretion, the power to arrange the schools, except that they must so arrange that in the same kind of schools as good an education can be obtained, that is, in the same class of schools, as at another place. The relator, that is what is usually known as the plaintiff, contends that it was discrimination of his boy on account of his color, as he is a young man of the colored race, and that they had no proper school prepared for him to attend, and that, therefore, he was refused admission into this Lamberton Hij. School on account of his color. The law knows no color. .A colored man, in the eyes of the low, has the same equality and standing as a white man, if the colored man behaves himself - that is the criterion - if the colored man behaves himself. Of course, a boy going to school, who did not behave himself, could be turned out, whether he was white or black. You start with that proposition, which is the proper one for you to start with. 'Was there discrimination against this young man on account of his color, or was it simply because the School Directors, in their judgment, had established this other school, with equal advantages, and they had the right to send him to whichever school they pleased, and they did that for reasons known to them, but excluding from it all elements which tended towards discrimination on account of color? The Superintendent of Schools said that the Technical High School was a better school for an education than the Lincoln school. Now, all the children in Carlisle have the same rights with regard to the schools. One has an pie 2 f p equal right with the other, and a colored boy has the same right to an education in school, and the best education he can get, as compared with the education that the th i to boy can get; and if the Lincoln school is not as good as the Lamberton High School, the one all colored, the other all white, then if the boy wanted to go to the Lamberton school, it would be discrimina- tion not to pensit him to ennter. That enters into this thing along with the other question. You have the right to oonsider that there are two schools, one all colored, and one all white. Now are the colored children kept out of the white school because they are colored, or simply because the School Board, in its wisdom and judgment, formed another kind of school for them all to go to? It must be actually on account of color that the discrimination is made. It could not be made because one class of students is entirely different, and colored children may need a different kind of teaching than white children,, or different kind of care, or behave differently. Now, ware WW eotuated in makIze this colored school where it in,and the white school where it is, by a feeling that the colored children and the white children should not mia? That mould not be enough to make it a discrimination. The schools must be different as to the quality of education. That must enter into it as well. That is a question for you to decide, under all the evidence, including that of the relator, his wife,and the two colored men, who testified that the Superintendent said he was not permitted to allow any colored child to go to the white schools, nor a white child to the colored schools. He, the Superintendent, does not recall that he said it, but as the Court remembers it, he did not positively say that he did not say it. This is all for you,gentlemen. Take this case, and decide it, not as white men, but decide it as men, as citizens of the Commo=ealth of Pennsylvania, which, under its laws, accords to every citizen the same rights, and permits no discrimination as to color. You may bring in your verdict sealed. If you find in favor of the relator, that is the plaintiff, ,dust say, we find in favor of the relator. { If you find in favor of the School Board,say, we find in favor of the respondent. The points are all denied and not read. page 3, ti I RFMLTOR IS POINTS. The Court is respectfully aslmd to charge the jury on the following points; to reduce its answers to writing and to file its answers together. with its general charge as a part of the record in the case: I. The jury should find as a fact that H. Earl Young was qualified to take the Commercial Course at the Lamberton High School; that due applica- tion for his admission there was made; and that his admission there was refused, solely on account of his color. II. The refusal to admit H. Earl Young to take the Commercial Course at the Lamberton High School was a discrimination against him and was made solely on account of his color. III. The verdict of the Jury should be in favor of the relator,Henry, Young. Mr. Biddle: Before the jury retired, counsel for the relator, move the Court to reduce its charge, the points and answers thereto, to writing, to file the same of record, and except thereto. :Exception noted for relator. j f page 4. r--- -------- ----- ��, /to � :% {�/l/ � , �9��' / � �. � �� � 9 �; ,� w� � n � ,, � � � , �> �- �5./�./d � <;.�'///t/ _y,/,f .i��� ' � �--_ -- '� v v \d, 'i �I I i � / �� �� . �, ,�, �- � t � Gl ii -�G �il�L dC��WLBiL , C%�C�G �izoG c ��il GL�io� z G-d� ����°� Q✓. �t� � Da� r11�� -tee- - 72i��'� vte�2 � G G`'vn %tom •�LI�C/L � P/���1�/L(/QiL/L G�'"'��L%G� V I�� C/✓/Z si�'/�� - LL ,�/�n����LGL��/LP/1�(/�E�iL'!�L �z!° 07�u 7/L ✓,,L�e�G-L�irL/� oi�ii/�r- ��il�L�i / 7�liC OIC/-4i �✓�17/'L�liZL���L�/I/�C�t/LC���-G��� 12 ��L� �� ���?I�L� .�� .f�2111- - <ll ����YyL�'L/lYt .r�tre/ ����, �✓iriti �nil/L �<<��lp/L. 111 l die .r-��ic�✓ Gr -� eLO�-.p¢L /��^s,� �G� ✓iLe�of . lr l ✓lU(r 2111 //� ����. ✓ I��Culit �i/� Cyr �/ �✓ ��� ��� t� owl G � � � ' a- Z Z i Z77 Ila- OA�/�/� ell 71 2 161e %per 'I i ✓41;n a,1(7 � el i' i a k5 i u �r�,i� �t'�,/��„i ���r�• �%/�u ���/, /—ua�� �J.C,�C�-rrt� �4�lC.cy�—�-�f �.GPkaT-( /lP aYi�'hz��✓���1� ��hci�u /� 9 � 1 , ! _/ v � l -�1Q�-�,�V yv�� y�1��✓4�n-ur z L%-C�� � ,�:.� ,, �u�� �( .� I> ''. y�ll y 1 At CC `22� lLf� /1 7L/�CL�.�Y �� `� �Lu 2/j �� �Ll c e E r4— " y "'4` - / 4,41t 1�144 1,41Z�Z C t Yyr �YY1%�, -Alllil�l ^ L� j Gi/'�!1�/%� �l✓ �l!��7� `�/" h, ��/c/�C!/� C�0 0 � 'C°�� G��, (/L� ,d�: it I j��u- IU� _ r 1�7 Ar-l / I t I I i I . � I � � � � , � ` \ � Q / « ~^� @ ® m 2 o M o ® ® d ¥ Q COTAMON"IR.AI,TH rX R"'�LATIOITI? ) In the Count of Comlon Pleas of HTNRY YUUNG ( Cumbe2land County. VS . ) Of November Term, 3.91j. SC3700L -DISTRICT 07 TEE BGR- ( No . 166. OUGH OP CARLISnY, :PA. ) Alternative Vri t of Mandamus. OPINION AND JUDG1: I1`T OF THE COURT GRANTING NAW 'TRIAL. We do not agree with the relators contention that the undis- puted testimony was such that it is our duty to enter judgment for the Com anweal th ex rcela.tione Henry Young non obstante veredicto , but we do think that the verdict of the jury was against the weight of the evidence any?: to such an extent as in justice to call for a new trial , although there was no motion for the same. And now, February ,��^ 1917, the rule for judgment n. o . v. is dischavged and a. new trial is granted. Ry the Court , 1 � � P. J1. 4Srd J. D. S. P. f