Burnside v Douglas School District Abstract of Record

    IN  T H E

Supreme Court of the State 
of Arizona

F A IR F A X  BU RN SIDE, A  M IN O R ,

B Y  H IS  G U A R D IA N  AD L IT E M ,

Appellant,
V.

D O U G LAS SCH OOL D ISTR IC T 
No. 27, E T  A L .,

Appellees.

Cause
No A Z fc C i-S .

ABSTRACT OF RECORD

J o h n  W i l s o n  R o ss ,  

Attorney for Appellant.

Service o f two copies o f within Abstract o f
Record hereby acknowledged this ...........day o f
............................. , 1927.

Filed this

Attorney for A-pDellees. 

day o f ........................., 1927.

Clerk o f the Supreme Court.

FRANK T  RILEY RUB GO KANSA* CITY MO



INDEX
PAGE FOLIO

C om pla in t............................................. 1 3
Answer .............................   10 29
Alternative Writ of Mandamus . . .  16 47
Plaintiff’s Motion to Strike Defend­

ant’s Answer ...............................  25 73
Reply and D em u rrer........................... 25 75
Findings of Fact Made by the

C o u r t .................................................  27 80
Judgment of the C o u r t ......................  31 92
Motion for New Trial made by

Plaintiff ........................................  33 98
Copy of Minute Entries ....................  34 102
Order of the Court Denying Motion

for New T r ia l ........................   36 108
Abstract of Plaintiff’s Evidence . . . .  37 110
Fairfax Burnside .................................... 37 110
Fairfax Burnside, Jr..............................  42 125
Helen L. Brown ..........................   43 128
Albert Stacy ........................................  45 133
Judge Laine ........................................... 49 146
R. E. Souers ........................................... 49 147
J. E. C arlson ........................................... 59 176
Notice of Appeal .........................  61 181



PAGE FOLIO

Notice of Filing Reporter’s Tran­
script ............................................... 62 184

Affidavit in Lieu of Bond on Ap­
peal .................................................  63 187

Notice of Filing Affidavit in Lieu of
Bond on A p p e a l ........................... 64 190

Notice of Specifying P a p e r s .............  65 193
The Judge’s C ertificate ......................  66 197
The Reporter’s Certificate ................ 67 199



1

IN T H E

Supreme Court of the State 
of Arizona

2
FA IR FA X  BU RNSIDE, a  m i n o r ,

B Y  H IS  G U A R D IA N  AD L IT E M ,

Appellant,

V .

D OUGLAS SCH OOL D ISTR IC T 
No. 27, E T  A L .,

Appellees.

Cause 
No. 6685

COMPLAINT

Comes the plaintiff, by his guardian ad litem, 
and for cause o f action, alleges:

I

That he is a minor of the age o f sixteen (16) 
years, a native born citizen o f the United States 
and an actual bona fide resident o f Douglas School 
District No. 27, in Cochise County, State of Ari-



2

4 zona, and has been such during all the times here­
in mentioned; that he resides with his natural 
parents, Fairfax Burnside, his father, and Daisy 
Burnside, his. mother, in said Douglas School Dis­
trict No. 27, and has resided with his said parents 
and made his home with them in said Douglas 
School District No. 27, during all the times herein 
mentioned.

II

That plaintiff, Fairfax Burnside, a minor, 
brings this suit in his own name by his guardian 
ad litem, and that plaintiff’s guardian ad litem 
is named Fairfax Burnside, and is the father o f 
plaintiff; and plaintiff further alleges that his 
father, Fairfax Burnside, is a taxpayer residing 
within said Douglas School District No. 27, and 
has been such during all the times herein mentioned, 
and that his father has contributed his just propor­
tion of taxes in building, equipping and maintain­
ing the Douglas High School in Douglas School 
District No. 27 aforesaid.

That the defendant, Douglas School District 
No. 27, o f Cochise County, Arizona, is a public 
corporation; that the Board o f Trustees o f said 
Douglas School District No. 27 are: George B. 
Dawe, Albert Stacy and Mrs. Thomas L. Harsell, 
and the powers and duties o f said Board o f Trust-



3

r ees, (among other things), are: To prescribe
and enforce rules not inconsistent with law for 
their own government, and government o f the 
schools 5 to expel pupils for misconduct, and to ex­
clude pupils o f filthy or vicious habits, or pupils 
suffering from contagious or infectious diseases; 
that R. E. Souers, defendant, is now and has been 
for more than one year, the duly appointed and 
acting Superintendent of the High and Common 
Schools of the said Douglas School District No. 
27; and the said J. E. Carlson, defendant, is the 

g duly acting Principal o f the said Douglas High 
School, and has been such during all the times 
herein mentioned; and the powers and duties of 
the said Superintendent and Principal of said schools 
are, among other things, to enforce the rules and 
regulations prescribed for schools, and to suspend 
pupils from school for good cause, and report such 
suspension to the Board of Trustees.

IV

That there is now, and has been during all the 
9 times herein mentioned, but one High School Dis­

trict No. 27, in Cochise County, State o f Arizona, 
and said High School is located on Twelfth Street 
between C and D  Avenues, in the City o f Douglas, 
and in said Douglas School District No. 27, Cochise 
County, State o f Arizona, and that said Douglas 
High School has ample room in its buildings to 
accommodate all pupils who have been promoted 
from the eighth grade o f the Common Schools on



4

10 certificate o f promotion to the High School o f 
said Douglas School District No. 27.

V

That on the First day o f September, 1926, 
this plaintiff, Fairfax Burnside, having completed 
the course o f study prescribed for the Common 
Schools o f Arizona, was duly and lawfully pro­
moted to the Douglas High School o f said Doug­
las School District No. 27, as provided by Par. 
2779, Civil Code, Arizona 1913, and all amend- 

H ments thereto, and then and thereupon a certificate 
o f promotion was duly issued, signed and delivered 
to this plaintiff as required by law, to-wit, as re­
quired by House Bill No. 57, Chapter 28, Session 
Laws o f Arizona, Seventh Legislature, Regular 
Session; That said certificate o f  promotion entitled 
this plaintiff to admittance in the said High School 
o f said Douglas School District No. 27.

VI

That this plaintiff, using his said certificate 
o f promotion was admitted to the Douglas High 
School, located on Twelfth Street, between C and 
D  Avenues, in the City o f Douglas and in Douglas 
School District No. 27, by the said defendants, on 
the 7th day o f September, 1926, as a pupil o f said 
Douglas High School, and attended said Douglas 
High School as a pupil on the 8th, 9th and 1 Oth 
days o f September, 1926; and on the 13th day of 
September, 1926, said defendants, and each and



5

13 all of them, refused and denied this plaintiff ad­
mittance into said Douglas High School, and ever 
since have refused and denied this plaintiff admit­
tance into said Douglas High School, on the grounds 
that plaintiff is o f the African race; that the said 
refusal and denial to this plaintiff admittance into 
the said Douglas High School in Douglas School 
District No. 27, aforesaid, is in violation of law, 
to-wit, Par. 2779, Civil Code o f Arizona, as amend­
ed by House Bill No. 58, Chapter 28, 1925 session 
Laws Arizona, Seventh Legislature, Regular Ses-

14 sion, in this, to-wit: “ Such certificate of -promotion 
shall admit jholdjers thereof to admittance to any 
High School in the State.”

VII

And plaintiff further alleges: That subdivi­
sion 2, Par. 2733, Civil Code, Arizona 1913, as 
amended by Chapter 137, House Bill No. 75, 
Session Laws of Arizona, 1921, provides and pre­
scribed the powers and duties o f Boards o f Trustees 
in manner following, to-wit:

15
“ They (Boards of Trustees) shall segre­

gate pupils o f the African race from pupils of 
the Caucasian race in all schools other than High 
Schools, and to that end are empowered to pro­
vide all accomodations made necessary by such 
segregation.

“ Whenever there shall be registered in any 
High School, Union High School, or County



6

16 High School in the State of Arizona, twenty-five 
or more pupils o f the African race, the Board o f 
Trustees o f any such High School shall, upon pe­
tition of fifteen per cent o f the school electors, as 
shown by the poll list at the last preceding annual 
election, residing in the district, call an election to 
determine whether or not such pupils o f the 
African race shall be segregated from the pupils 
o f the Caucasian race. The question to be sub­
mitted, including the insertion therein o f the esi- 
mated cost to the district o f such segregation, shall

17 be substantially in the following form: “ Are you 
in favor o f segregating the pupils o f the African 
race from the pupils o f the Caucasian race on con­
dition that the Board o f Trustees shall provide 
equal accommodations and facilities for pupils of 
the African race as are now or may be hereafter 
provided for pupils o f the Caucasian race; it being 
understood that the estimated cost of segregation
at the present time will b e ....................over and
above the cost o f maintaining the school without 
such segregation?”

^  “ In other respects the election shall be
called and conducted under the same conditions 
as apply in the regular annual school election ex­
cept as to the time o f holding the election, and 
that the notices shall state specifically the infor­
mation necessary for voting intelligently on the 
Question.



“ I f  a majority of the electors voting at such 
election vote in favor of such segregation, then 
the school trustees o f any such high school are 
hereby authorized and directed to segregate the 
pupils of the African race from the pupils o f the 
Caucasian race and shall provide equal accommo­
dations and facilities for such pupils of the 
African race as are now and may be hereafter 
provided for the 'pupils of the Caucasian race 
in any such high schools.”

VIII.

And this plaintiff further alleges and shows 
this Court: That there are not registered in the
Douglas High School in Douglas School District 
No. 27, twenty-five pupils or more o f the African 
race; and there are registered only three pupils of 
the African racej that the Board o f Trustees of 
said Douglas School District No. 27 aforesaid have 
no power, right or authority to call an election to 
determine whether the pupils o f the African race 
(this plaintiff) shall be segregated from the pupils 
o f the Caucasian race, in said Douglas High School; 
that said Board o f Trustees aforesaid have no right, 
authority or power to establish a High School for 
pupils o f the African race in said Douglas School 
District No. 27; nor has said Board o f Trustees 
any power or authority to cause to be constructed a 
separate school building in the Douglas School 
District No. 27, for pupils o f the African rase; that 
said Boa.rd o f Trustees haxe no power or authority



8

22 to segregate the African pupils from the Caucasian 
pupils in. said Douglas High School in said Douglas 
School District No. 27 aforesaid, even though said 
Board o f Trustees should provide equal accommo­
dations and facilities for pupils o f the African race 
as are now or may be hereafter provided for 
pupils o f the Caucasian race; nor has said Board 
o f Trustees, or any lawfully constituted body, any 
power or authority to levy and collect taxes to pay 
the costs o f segregation o f pupils o f the African 
race from pupils o f the Caucasian race, in said

23 Douglas School District No. 27.

IX .

The Plaintiff further alleges: That the said
Board o f Trustees o f said Douglas School District 
No. 27 aforesaid, have not segregated the pupils 
o f the African race from the pupils o f the Cau­
casian race; have not provided equal accommoda­
tions and facilities for pupils o f the African race 
as are now provided for the pupils o f the Cau­
casian race in a separate school, or at all.

24 x.
And plaintiff alleges that the said defendants, 

and each o f them, unlawfully preclude him from 
the Douglas High School; that he is entitled to 
admittance therein, and entitled to the use and en­
joyment o f the accommodations and facilities of 
said Douglas High School, in Douglas School Dis­
trict No. 27 aforesaid; that he is now and has been



9

25 excluded from said Douglas High School in Doug­
las School District No. 27 aforesaid, solely upon 
grounds and for the reason that he is o f the 
African race.

X I.

That he has no plain, speedy and adequate 
remedy at law, and there is no plain, speedy and 
adequate remedy at law, or in the ordinary course 
o f law, whereby plaintiff’s rights may be protected.

Wherefore, Plaintiff prays Judgment: That
26 a Peremptory Writ of Mandamus issue, directed 

against said defendants, and each o f them, com­
manding each and all o f said defendants, imme­
diately after the receipt of said Writ, to admit 
this plaintiff into the Douglas High School, in 
Douglas School District No. 27 aforesaid, as a 
pupil thereof, and for such other relief as the 
Court may deem just.

Jo h n  W ilson R oss, 
Attorney for Plaintiff.

State of Arizona, County of Cochise, ss.
27

Fairfax Burnside, being first duly sworn, 
says: That he makes this affidavit for and on
behalf of the plaintiff; that he is the father of 
the plaintiff; that plaintiff is a minor o f the age 
of sixteen (16) years; that affiant has read and 
heard read the foregoing complaint and knows the 
contents thereof; and that the same is true o f his
own knowledge.

Fairfax Burnside.



10

28 Subscribed and sworn to before me this . . . .
day o f October, A. D., 1926.

(M y  Commission Expires ............................. )

J. W . Ross,
Notary Public in and for Cochise 
County, State of Arizona.

Filed November 6th, 1926.

T IT L E  OF CAUSE N O . 6685 

A N S W E R .

^  Come now the defendants and for answer to
plaintiff’s complaint and to show cause why the 
mandate contained in the alternative writ o f man­
damus based upon said complaint has not been 
complied with.

I .

Admit paragraphs I, III, and V, o f said com­
plaint and deny paragraph IV thereof. Admit 
that part o f  paragraph VI of said complaint, which 
alleges that plaintiff Fairfax Burnside, a minor, 

30 appeared at said High School building, in said Dis­
trict Number 27, on the 7th day o f September, 
1926, and was admitted into said school, for a 
period o f three days, in said building, but deny 
that part o f paragraph VI, which alleges that the 
defendants and each and all of them, refused and 
denied the plaintiff attendance into said High 
school, and deny that fhev have ever since refused 
and denied plaintiff admittance into said. Douglas



11

31 High School on the ground that the plaintiff is 
of the African race, but allege the facts to be that 
the defendants and each o f them have, at all times 
set out in said complaint, been willing and anxious 
that said plaintiff, attend the High School, in said 
City o f Douglas, and said District No. 27, and 
have to that end provided ample, commodious, suf­
ficient and equal facilities and equipment in said 
Douglas High School, in said District No. 27, and 
have provided and furnished an efficient and 
capable teacher, to teach any and all the branches,

32 that are taught or prescribed to be taught in said 
High School, and said teacher has been present, 
ready and willing to teach said plaintiff, during all 
the time that said High School has been in session 
since the 10th day o f September, 1926. But that 
said plaintiff has persistently and constantly since 
the 13th day o f September, 1926, failed and re­
fused to attend said High School, or to accept the 
teaching and instruction offered, prepared and 
maintained for him by the defendants in said High 
School, and there having been issued to said plan-

33 tiff a certificate o f promotion from the eight grade 
and said plaintiff having already completed the 
Garmmar School course, prescribed by the State 
Board o f Education, no compulsory action could be 
taken to require said plaintiff to attend said High 
School so equipped, maintained and provided for 
him.

Deny that part o f paragraph VI, which alleges 
“ That the said refusal and denial to this plaintiff



12

34 admittance into the said Douglas High School, in 
Douglas School District No. 27, aforesaid, is in 
violation o f law.”  And deny that the acts o f 
defendants respecting the plaintiff are in violation 
o f law, as set out in said paragraph, or o f any law, 
at all.

Admit paragraph VII so far as same correctly 
sets out the statute purported to be quoted in said 
paragraph. Deny paragraphs IX , X , and X I of 
said complaint.

35 Defendants admit as alleged in paragraph V III 
that there are not twenty-five pupils or more of 
the African race registered in said High School No. 
27, and allege that the defendants have not at any 
time undertaken to act under the provision o f par­
agraph 2733, o f the Revised Statutes o f Arizona, 
as amended by Chapter 137, Session Laws o f 
Arizona, 1921, and Chapter 11, Session Laws o f 
Arizona, 1925.

II.

gg The defendants further answering said com­
plaint, and as a further reason for the action o f the 
Board o f Trustees and other defendants named) 
in said complaint, ‘respecting the writ attached to 
and accompanying said complaint, the defendants 
allege, that none o f the defendants individually or 
as officers of said district, have never refused to 
permit the plaintiff to attend High School in the 
City of Douglas, nor denied admittance in said 
High School, to the plaintiff. And defendants



13

37 further allege the facts to be, that on account of 
the dissatisfaction, turmoil and discord, caused by 
the attendance o f the plaintiff and W other children 
o f the African race in that certain building used for 
High School purposes situated on that certain 
block lying between Twelfth and Thirteenth 
Streets and C and D  Avenues in the City o f Doug­
las, in said District Number 27, Cochise County, 
Arizona. The defendants were compelled to and 
did exercise and carry out the mandate, prerogative, 
ilght and discretion o f the Board o f Trustees of

38 the said School District, given and had under par­
agraph 2750 of the Revised Statutes o f Arizona, 
1913, Civil Code, and to the end that said dissatis­
faction, turmoil and discord, which existed among 
the students in said building in which the High 
School branches were taught, should not interfere 
with, disrupt or prevent the orderly conduct and 
efficient work o f said School, said Trustees were 
compelled to and did under said Section 2750, pre­
pare and set aside for said three colored children, 
a separate room, in said High School, and as a part

39 o f the equipment o f said High School, but not in 
the same building where said three colored children 
had originally started to school. That said Trus­
tees and the defendants as a whole made such seg­
regation o f such group o f pupils consisting o f said 
three colored children, because they deemed it ad­
visable and for the best interest o f said High 
School, and as a means o f preventing dissatisfaction, 
disruption and lack o f efficiency in the work carried



14

40 on in said High School. And to that end and with 
a view o f giving the said group the same facilities 
and opportunity to secure and have taught to them 
all the branches taught in said High School, and 
with equal opportunity in all respects as the chil­
dren remaining in said building would have, hired 
a competent and efficient teacher for said three 
children, capable o f teaching all the branches, that 
said three children would have been taught, in said 
building above described, giving to said pupils all 
the facilities and all the advantage and opportuni-

41 ties, that each and every student in said High 
School has for, the grade or place, he may have 
attained in said School.

That the plaintiff has never been denied by 
the defendants or either o f them of any o f the 
legal rights, he has to attend High School in said 
High School District, and the defendants allege 
that they and each of them are ready and willing 
to provide for said group of pupils o f which the 
plaintiff is one, every facility, right and oppor­
tunity, granted and given said group o f children

42 under the laws o f the State of Arizona, to secure 
and have a high school education.

III.

The defendants further allege that they and 
each jo'f them verily believe, that if the Trustees 
o f said district, had not exercised they discretion as 
given them by the provisions of paragraph 2750, 
that the orderly conduct, management and effi-



15

43 ciency o f said High School, would have been greatly 
disturbed and disrupted, and would have resulted 
in great damage and ill results to all the children 
including, the group so segregated, o f said High 
School District, and would (have interfered with 
and to a great extent prevented the teaching of the 
proper branches and carrying on and conducting 
the proper class work and general school work, 
both among the students and the teachers o f said 
High School. That defendants further verily be­
lieve, that it is for the best interest o f said High

44 School, and all the pupils therein, including the 
group so segregated that their action and method 
of conducting said High School, with respect to 
said group o f colored children, be not interfered 
with by this Court.

Wherefore: Defendants pray that the com­
plaint and the action commenced thereby be dis­
missed, and that the writ issued 'thereunder be 
quashed and set aside, and all requirements and 
proceedings under said writ be annulled and set 
as,de, and that the defendants be not interfered

45 with by any order o f this court in there present 
conduct o f said High School.

Jo h n  F. R oss,

Attorney for defendants.

State o f Arizona, County o f Cochise, nr.

Albert Stacy, being first duly sworn on oath, 
deposes and says: That he is clerk o f the Board



16

46 o f Trustees o f School District Number 27, o f 
Cochise County, Arizona, and is one o f the defend­
ants named in the above entitled action that he has 
read the foregoing answer and knows the contents 
thereof and that same is true o f his own knowledge, 
except as to those matters alleged on information 
and belief, and as to those he believes it to be true.

Albert Stacy
Subscribed and sworn to before me this 24th 

day o f November, 1926.
(Seal) Fred D. Hubbell,

^  Notary Public.
M y commission expires 5 /2  1929.
Filed November 26th, 1926.

T IT L E  O F CAUSE N O . 6685 

W R IT  OF M A N D A M U S

The State o f Arizona to Douglas School Dis­
trict No. 27, the Board o f Trustees o f said School 
District No. 27, composed o f George B. Dawe, 
Albert Stacy and Mrs. Thomas L. Harsell, R. E. 
Souers, Superintendent o f  said Douglas School 

18 District No. 27, and J. E. Carlson, Principal o f 
the High School o f said Douglas School District 
No. 27;

Whereas, it manifestly appears to us that 
Fairfax Burnside, the plaintiff, is the party ben­
eficially interested, as is shown by the complaint 
filed herein and sworn to, and as appears from the 
allegations o f the 'complaint herein incorporated, 
to-wit:



17

49 I.

That he is a minor o f the age o f sixteen (16) 
years, a native born citizen o f the United States, 
and an actual bona fide resident o f Douglas School 
District No. 27, in Cochise County, State o f Ari­
zona, and has been such during all the times herein 
mentioned; that he resides with his natural parents, 
Fairfax Burnside, his father, and Daisy Burnside, 
his mother, in said Douglas School District No. 27, 
and has resided with his said parents and made his 
home with them in said Douglas School District 
No. 27, during all the times herein mentioned.

II.

That plaintiff, Fairfax Burnside, a minor, 
brings this suit in his own name by his guardian 
ad litem, and that plaintiff’s guardian ad litem is 
named Fairfax Burnside, and is the father o f plain­
t iff; and plaintiff further alleges that his father, 
Fairfax Burnside, is a tax-payer residing within 
said Douglas School District No. 27, and has been 

^  such during all the times herein mentioned, and 
that his father has contributed his just proportion 
o f taxes in building, equipping and maintaining the 
Douglas High School in Douglas School District 
No. 27 aforesaid.

III.

That the defendant, Douglas School District 
No. 27, o f Cochise County, Arizona, is a public



corporation 3 that the Board o f Trustees o f said 
Douglas School District No. 27 are: George B.
Dawe, Albert Stacy and Mrs. Thomas L. Harsell, 
and the powers and duties o f said Board o f Trustees, 
(among other things), are: To prescribe and en­
force rules not inconsistent with law for their own 
government, and government o f the schools; to 
expel pupils for misconduct, and to exclude pupils 
o f filthy or vicious habits, or pupils suffering from 
contagious or infectious diseases; that R. E. Souers, 
defendant, is now and has been for more than one 
year, the duly appointed and acting Superintendent 
o f the High and Common Schools o f the said 
Douglas School District No. 27; and the said J. E. 
Carlson, defendant, is the duly acting Principal of 
the said Douglas High School, and has been such 
during all the times herein mentioned; and the 
powers and duties o f the said Superintendent and 
Principal of said Schools are, among other things, 
to enforce the rules and regulations prescribed for 
schools, and to suspend pupils from school for good 
cause, and report suspension to the Board o f 
Trustees.

IV.

That there is now, and has been during all the 
times herein mentioned, but one High School in 
said School District No. 27, in Cochise County, 
State o f Arizona, and said High School is located 
on Twelfth Street, between C and D  Avenues, in 
the City o f Douglas, and in said Douglas School



19

55 District No. 27, Cochise County, State o f Arizona, 
and that said Douglas High School has ample 
room in its buildings to accommodate all pupils who 
have been promoted from the eighth grade o f the 
Common Schools on certificates o f promotion to 
the High School o f said Douglas School District 
No. 27.

V.

That on the 1st day o f September, 1926, this 
plaintiff, Fairfax Burnside, having completed the

56 course o f study prescribed for the Common Schools 
o f Arizona, was duly and lawfully promoted to the 
Douglas High School o f said Douglas School Dis­
trict No. 27, as provided by Par. 2779, Civil Code, 
Arizona, 1913, and all amendments thereto, and 
then and thereupon a certificate of promotion was 
duly issued, signed and delivered to this plaintiff 
as required by law, to-wit, as required by House 
Bill No. 57, Chapter 28, Session Laws of Arizona, 
Seventh Legislature, Regular Session 3 That said 
certificate of promotion entitled this plaintiff to

57 admittance in the said High School of said Douglas 
School District No. 27.

VI.

That this Plaintiff, using his said certificate of 
promotion, was admitted to the Douglas High 
School, located on Twelfth Street, between C and 
D  Avenues, in the City of Douglas and in Douglas 
School District No. 27, by the said defendants, on



20

58 the 7th day o f September, 1926, as a pupil of said 
Douglas High School, and attended said Douglas 
High School as a pupil on the 8th, 9th, and 10th 
days o f September, 1926; and on the 13th day 
o f September, 1926, said defendants, and each and 
all o f them, refused and denied this plaintiff ad­
mittance into said Douglas High School, and ever 
since have refused and denied this plaintiff admit­
tance into said Douglas High School, on the 
grounds that plaintiff is o f the African race; that 
the said refusal and denial to this plaintiff admit-

59 tance into the said Douglas High School in Douglas
School District No. 27, aforesaid, is in violation o f 
law, to-wit, Par. 2779, Civil Code o f Arizona, as 
amended by House Bill No. 57, Chapter 28, 1925 
Session Laws, Arizona, Seventh Legislature, Reg­
ular Session, in this, to-wit: “ Such certificates of
promotion shall admit holders thereof to admittance 
to any High School in the State.”

VII.

And plaintiff further alleges: That Sub-
60 division 2, Par. 2733, Civil Code, Arizona, 1913, 

as amended by Chapter 137, House Bill No. 75, 
Session Laws o f Arizona, 1921, provides and pre­
scribes the powers and duties o f Boards o f Trustees 
in manner following, to-wit:

“ The (Boards o f Trustees) shall segregate 
pupils o f the African race from pupils o f the 
Caucasian race in all schools other than High  
Schools, and to that end are empowered to pro-



vide all accommodations made necessary by such 
segregation.

“ Whenever there shall be registered in any 
High School, Union High School, or County 
High School in the State o f Arizona, twenty-five 
or more pupils of the African race, the Board of 
Trustees o f any such High School shall, upon 
petition o f fifteen per cent o f the school electors, 
as shown by the poll list at the last preceding 
annual election, residing in the district, call an 
election to determine whether or not such pupils 
o f the African race shall be segregated from the 
pupils o f the Caucasian race. The question to 
be submitted, including the insertion therein of 
the estimated cost o f the district o f such segre­
gation, shall be substantially in the following 
form: “ Are you in favor o f segregating the
pupils of the African race from the pupils o f 
the Caucasian race on condition that the Board 
of Trustees shall provide equal accommodations 
and facilities for pupils o f the African race as 
are now or may be hereafter provided for the 
pupils o f the Caucasian race; it being understood 
that the estimated cost of segregation at the
present time will be $ ...............  over and above
the cost o f maintaining the school without such 
segregation?”

“ In other respects the election shall be 
called and conducted under the same conditions 
as apply in the regular annual school election 
except as to the time of holding the election, and



22

64 that the notices shall state specifically the infor­
mation necessary for voting intelligently on the 
question.

“ I f  a majority o f the electors voting at such 
election vote in favor o f such segregation, then 
the school trustees o f any such high school are 
hereby authorized and directed to segregate the 
pupils o f the African race from the pupils o f the 
Caucasian race and shall provide equal accommo­
dations and facilities for such pupils o f the 
African race as are now and may be hereafter 
provided for the pupils of the Caucasian race in 
any such high schools.”

V III.

And this plaintiff further alleges and shows 
this Court: That there are not registered in the
Douglas High School District No. 27, twenty-five 
pupils or more o f the African race; and there are 
registered only three pupils o f the African race; 
that the Board of Trustees o f said Douglas School 
District No. 27, aforesaid, have no power, right or 
authority to call an election to determine whether 
the pupils of the African race, (this plaintiff) shall 
be segregated from the pupils of the Caucasian race, 
in said Douglas High School; that said Board of 
Trustees aforesaid have no right, authority or power 
to establish a High School for pupils o f the African 
race in said Douglas School District No. 27; nor 
has said Board of Trustees any power or authority 
to cause to be constructed a separate school building



23

67 in the Douglas School District No. 27, for pupils 
o f the African race ; that said Board o f Trustees 
have no power or authority to segregate the African 
pupils from the Caucasian pupils in said Douglas 
High School in said Douglas School District No.

. 27, aforesaid, even though said Board o f Trustees 
should provide equal accommodations and facilities 
for pupils o f the African race as are now or may be 
hereafter provided for pupils o f the Caucasian race; 
nor has said Board o f Trustees, or any lawfully 
constituted body, any power or authority to levy

68 and collect taxes to pay the costs o f segregation o f 
pupils o f the African race from Pupils of the Cau­
casian race, in said Douglas School District No. 27.

IX .

And plaintiff further alleges: That the said
Board o f Trustees o f said I^ouglas School District 
No. 27, aforesaid, have'^IIr’ segregated the pupils 
o f the African race from the pupils o f the Cau­
casian race; have not provided equal accommoda­
tions and facilities for pupils o f the African race 

^  as are now provided for the pupils o f the Caucasian 
race in a separate school, or at all.

X.

And plaintiff alleges that the said defendants, 
and each o f them, unlawfully preclude him from 
the Douglas High School; that he is entitled to 
admittance therein, and entitled to the use and en­
joyment o f the accommodations and facilities of



24

70 said Douglas High School, in Douglas School Dis­
trict No. 27 aforesaid; that he is now and has been 
excluded from said Douglas High School in 
Douglas School District No. 27 aforesaid, solely 
upon the grounds and for the reason that he is of 
the African race.

X I.

That he has no plain, speedy and adequate 
remedy at law, and there is no plain, speedy and 
adequate remedy at law, or in the ordinary course

71 o f law, whereby plaintiff’s right may be protected.

Therefore, we command you and each o f you 
to admit the plaintiff, Fairfax Burnside, imme­
diately after the receipt o f this writ, into the Doug­
las High School, in Douglas School District No. 27 
aforesaid as a pupil thereof, or that you and each 
o f you show cause before this Court on the Twenty- 
seventh day o f November, 1926, at 1 A. M. o f that 
day why you have not done so.

Witness, the Honorable Albert M. Sames, Judge
72 o f the Superior Court o f the State o f Arizona, in 

and for the County o f Cochise, this sixth day o f 
November, 1926, and the seal of said Court.
Issued November 9th, 1926.

Return filed December 27th, 1926.
A l b e r t  M . S a m e s , Judge.



T IT L E  OF CAUSE NO. 6 6 8 5

M O T IO N  TO  S T R IK E  D E F E N D A N T S’  A N S W E R ; R E P L Y  

AN D D E M U R R E R

Plaintiff moves to Strike defendants’ so-called 
answer upon the grounds:

1. That the same does not purport to be an 
answer to the writ of mandamus issued by this 
Court but is an answer to the complaint on file in 
this cause; and for the reason that the complaint 
has become functus officio and the said writ cannot 
be aided by reference to the complaint.

2. Because the purported answer is not veri­
fied as required by law, the verification being on 
information and belief.

Wherefore, Plaintiff prays the Court for 
judgment on the pleadings.

Jo h n  W ilson R oss, 
Attorney for Plaintiff.

Plaintiff demurs to Pars. II and III o f said 
answer on the grounds that same does not state 
facts sufficient to constitute a defense.

Wherefore, plaintiff prays judgment o f the 
Court.

Jo h n  W ilson R oss, 
Attorney for Plaintiff.

Replying, plaintiff denies the allegations con­
tained in said answer on page two ( 2) thereof read-



26

76 ing as follows, to -w it :.................... and have to that
end provided ample, commodious, and sufficient 
and equal facilities and equipment in said Douglas 
High School, in said District No. 27, and have pro­
vided and furnished an efficient and capable 
teacher, to teach any and all the branches, that are 
taught or prescribed to be taught in said High 
School.

77

78

Replying further, plaintiff denies the allega­
tions contained in Par. II o f said answer on page 
four (4 ) thereof reading as follows, to-wit:

“ And to that end and with a view o f giving 
the said group the same facilities and opportunity 
to secure and have taught to them all the branches 
taught in said High School, and with equal oppor­
tunity in all respects as the children remaining in 
said building would have, hired a competent and 
efficient teacher for said three children, capable of 
teaching all the branches, that said three children 
would have been taught in said building above de­
scribed giving to said pupils all the facilities and 
all the advantages and opportunities that each and 
every student in said High School has for the grade 
or place, he may have attained in said'School.

Wherefore, plaintiff prays judgment o f the 
Court.

J o h n  W i l s o n  R o s s ,

Attorney for Plaintiff.



27

79 State o f Arizona, County of Cochise, ss.

J. W . Ross, being first duly sworn upon his 
oath, deposes and says: That he is Attorney for
the Plaintiff in the above cause and as such makes 
this affidavit: That he has read the foregoing
reply and knows the contents thereof and that the 
same is true o f his own knowledge, and all and 
singular the allegations denied are untrue.

J. W . Ross.

Subscribed and sworn to before me this the 
17th day o f December, 1926.

M y Commission expires ........................

Notary Public.

Filed December 9th, 1926.

T IT L E  O F  CAUSE NO. 6685 

F IN D IN G S OF F A C T  AN D CO N C LU SIO N S OF L A W

This matter came on to be heard the 27th day 
81 of November, 1926, at 10 o’clock, a. m. o f said 

day; same being the return day fixed in that cer­
tain alternative writ o f mandamus, issued out of 
the above entitled court, in the above-entitled cause 
by Honorable Albert M. Sames, Judge of said 
court, on the 6th day o f November, 1926. The 
Honorable Frank B. Laine, having been called to 
sit in said case in place o f Honorable Albert M. 
Sames. The case was called, and the plaintiff and



28

82 defendants, by their respective counsel, announcing 
ready, and the Court having passed upon all mo­
tions and demurrers, proceeded to take evidence as 
to the facts. It appearing that an answer had been 
duly filed,, admitting and denying certain par­
agraphs set up in said complaint, and affirmatively 
alleging that the defendants, the Board o f Trus­
tees o f School District Number 27, composed of 
George B. Dawe, Albert Stacy and Mrs. Thomas L. 
Harsell, in their action complained o f in said 
complaint, were acting under Paragraph 2750 o f

83 the Revised Statutes o f Arizona, 1913, Civil Code, 
and not under Paragraph 2730, as alleged in the 
complaint filed. Said answer, taken in connection 
with said complaint raised a question essential 
to the determination o f the matters and affecting 
the substantial rights o f the parties.

The issues being thus made up, the Court pro­
ceeded to hear evidence, without a jury, and wit­
nesses were called and sworn on behalf o f the plain­
t iff ; and upon the announcement o f the plaintiff 
that he rest, the defendants moved that the per-

84 emptory writ o f mandamus be denied, and that the 
alternative writ, upon which the issues were joined 
be quashed. Counsel on both sides announced that 
they would submit the case without argument. 
The Court being fully advised in the premises and 
having read the pleadings and heard the evidence, 
finds the following facts:

Par. I. That the plaintiff, Fairfax Burnside, 
is a minor, and duly completed the required course



29

85 o f study in the common schools of Arizona, up 
to and including the eighth grade, and was issued 
a certificate o f promotion, entitling him, under the 
law and the rules of the Board o f Education of 
the State of Arizona, to admittance into said Doug­
las High School.

Par. II. That on the seventh day o f Septem­
ber, 1926, he presented his certificate o f promotion 
to the defendants, R. E. Souers and J. E. Carlson 
iand was admitted in the regular way as a pupil in 
the High School o f said District Number 27, and 
attended said High School up to and including 
the tenth day o f September, 1926. That on the 
thirteenth day of September, 1926, said plaintiff 
appeared in the regular way for school, and the 
said superintendent and principal, acting upon the 
direction o f the Board of Trustees of said District, 
requested and directed said plaintiff to appear for 
his studies under his enrollment in said High 
School in a certain room prepared and set aside for 
that purpose. That the plaintiff refused to attend 
said High School as directed, and on the twentieth 

87 day o f September, 1926, returned to the office of 
said principal J. E. Carlson, and was again at that 
time directed to appear at a room prepared and 
equipped for teaching all the branches taught in 
said High School for the purpose of attending said 
High School and taking the studies taught therein. 
That the plaintiff refused and did not attend said 
High School as so directed.



30

88 Par. III. The Court further finds from the 
facts and1 evidence in this case, that said rooms set 
aside for the use o f plaintiff and other pupils of 
said High School was fully equipped with all the 
facilities, including a competentj efficient and qual­
ified teacher, that any other room, used in said 
High School contained. That said plaintiff and 
other pupils, assigned to said room were permitted 
to, and expected to use and have at their commands, 
the same as all other children in said High School, 
all the equipment and facilities used for educational

89 purposes in said High School.

Par. IV. The Court further finds that said 
rooms equipped and set aside for the plaintiff and 
other pupils assigned thereto, were in a convenient 
and proper place in said High School District, for 
the attendance o f any High School pupils assigned 
thereto.

Par. V. The Court further finds from the 
evidence, that the defendants, the Board o f Trus­
tees o f said Douglas High School in said School 

g0 District Number 27 were acting under Paragraph 
2750 o f the Revised Statutes o f Arizona, 1913; and 
segregated the plaintiff, together with other high 
school pupils, into a group by themselves, because 
they deemed it advisable and for the best interest 
o f said High School, and said pupils so segregated; 
and the Court also finds from the evidence that 
said segregation was and is best for said school and 
for its pupils.



31

91 Par. VI. From the foregoing findings of 
fact the Court finds as a matter o f law:

92

That the peremptory writ o f mandamus 
against the defendants and each o f them, prayed 
for in said complaint, should not issue, and that 
same should be denied; that the alternative writ, 
heretofore issued be set aside and quashed.

1926.
Done in open court this . . day o f Dgcember,n court tms . . ... day ot Uec

Judge.

Filed December 9th, 1926.

T IT L E  OF CAUSE N O . 6685

J U D G M E N T

This matter came on to be heard the 27th day 
o f November, 1926, at 10 o ’clock a. m. of said 
day; same being the return day fixed in that certain 
alternative writ o f mandamus, issued out o f the 
above entitled court, in the above-entitled cause by 
the Honorable Albert M. Sames, Judge o f said 
Court, on the 6th day o f November, 1926. The 
Honorable Frank B. Laine, having been called to 
sit in said case in place o f Honorable Albert M. 
Sames, the case was called and the plaintiff and 
defendants, by their respective counsel announcing 
ready, and the Court having passed upon all mo­
tions and demurrers, proceeded to take evidence as 
to the facts. It appearing that an answer had been 
duly filed, admitting and denying certain para-



32

94 graphs set up in said complaint, and affirmatively 
alleging that the defendants, the Board o f Trustees 
o f School District Number 27, composed o f George 
B. Dawe, Albert Stacy and Mrs. Thomas L. Har- 
sell, in their action complained o f in said complaint, 
were acting under Paragraph 2750 o f the Revised 
Statutes o f Arizona, 1913, Civil Code, and not 
under paragraph 2733, as alleged in the complaint 
filed. Said answer, taken in connection with said 
complaint raised a question essential to the deter­
mination o f the matters and affecting the substan-

95 tial rights o f the parties.

The issues being thus made up, the Court pro­
ceeded to hear evidence, without a jury, and wit­
nesses were called and sworn on behalf o f the plain­
t iff; and upon the announcement o f the plaintiff 
that he rest, the defendants moved that the per­
emptory writ o f mandamus be denied, and that the 
alternative writ, upon which the issues were joined 
be quashed. Counsel on both sides announced that 
they would submit the case without Argument. 
The Court, having heard the evidence and read the 

yD pleadings and other papers filed, and being fully 
advised in the premises, and having made and filed 
its findings o f fact and conclusions o f law, and 
having jurisdiction in the matter.

Therefore, it is hereby ordered, adjudged and 
decreed, that the peremptory writ o f mandamus 
prayed for in plaintiff’s complaint, be and the same 
is hereby denied. That the alternative writ of



83

97 mandamus, heretofore issued, and upon which the 
hearing in this case was had, be and the same is 
hereby quashed, set aside and annulled.

Done in open court this . .. day^pf Decern-e in open court tms . .. aavpt
. 73.ber, 1926

Filed December 9th, 1926.

E, Judge.

T IT L E  OF CAUSE N O . 6685 

p l a i n t i f f ’ s m o t i o n  f o r  n e w  t r i a l

Comes the plaintiff, and moves the court to 
set aside and vacate the Judgment o f the Court 
rendered in the above entitled cause, and to grant 
a new trial, upon the grounds following, to-wit:

I.

Because the Court erred in overruling plain­
t iff ’s motion to strike Pars. II and III o f defend­
ants’ answer.

II.

Because the Court erred in overruling plain­
t iff ’s demurrer to defendants’ answer contained in 
Pars. II and III thereof.

III.

Because the judgment of the Court is contrary 
to the law and the evidence.



34

Because the Court erred in admitting evidence 
offered by defendants, over the objection o f the 
plaintiff.

100 IV.

V.

Because the Court erred in rejecting evidence 
offered by the plaintiff.

Jo h n  W ilson R oss,
Attorney for Plaintiff.

Received copy this . . .  day o f Nov., 1926.

Jam es  T. G e n t r y .

Jo h n  F. R oss,

County Attorney.

Filed December 9th, 1926.

T IT L E  O F  CAUSE NO. 6685

Court was duly opened by the officers, according 
to law. Fairfax Burnside, etc., vs. Douglas 

102 School District No. 27, et al., etc. 6685. Copy
of Minute Entries.

Minute Entry o f November 27, 1927, Book 
36, page 270.

This cause came on regularly this date for 
hearing on Writ of Mandamus. The Plaintiff 
present in person by his counsel John W . Ross, 
Esq., the defendants present in person and by their



35

103 counsel John F. Ross, Esq., and Messrs. Knapp, 
Boyl & Pickett.

Camilla Dalgleish was sworn as Reporter. 
Counsel for the Plaintiff moved the Court to Strike 
paragraphs two and three o f the Answer herein, 
stated grounds for the motion and the Court denied 
the motion.

Counsel for the plaintiff then demurred, 
orally to said paragraphs two and three o f the 
answer, the Court heard counsel on the demurrer

104 and overruled the same.

Counsel announced ready for trial and the 
trial proceeded.

The plaintiff called as witnesses Fairfax Burn­
side, Sr., W . E. Clark, Fairfax Burnside, Jr., Helen 
L. Brown, Albert Stacy, under the statute govern­
ing adverse parties, R. E. Sauers, under the statute 
governing adverse parties and J. E. Carlson, under 
the statute governing adverse parties, who were 
each duly sworn, examined, cross examined and

105 excused and the plaintiff rested.

Counsel for the defendants announced the 
defendant rested. Counsel for the defendants 
then moved for judgment that the writ be denied 
and the Court granted the motion and ordered, that 
upon the presentation by the defendants o f a formal 
written judgment in this action, and its approval 
and signing by the Court, judgment will be ren­



dered in favor o f the defendants and against the 
plaintiff denying the writ of mandamus herein.

Minute Entry o f December 23, 1926, Book 36, 
page 311.

This cause came before the court at this time 
o f hearing on the motion o f  the plaintiff to amend 
the findings herein, on the motion to strike the 
answer and on motion for new trial.

The plaintiff present in person and by J. W . 
Ross, Esq., the defendants present by counsel J. F. 
Ross, Esq.

The Court heard counsel on the motions and 
took the matters under advisement.

F ran k  B. L a in e ,

Judge of the Superior Court, Presiding.

T IT L E  OF C AU SE N O . 6685 

M O T IO N  FO R  N E W  T R IA L  D E N IE D

The motion o f the plaintiff herein to strike 
defendant’s answer in the above cause, together 
with the demurrer o f said plaintiff to the answer 
o f said defendants herein, having been argued and 
submitted to the Court for determination on the 
23rd day of December, 1926, and the Court being 
sufficiently advised, said motion to strike is hereby 
denied, and said demurrer to defendants’ answer 
overruled.



37

109 And it is further ordered that plaintiff’s mo­
tion for a new trial herein be and the same is 
hereby denied.

Dated this the 29th day o f December, 1926.
F ran k  B. Judge.

Filed December 29th, 1926.

ABSTRACT OF PLAINTIFF’S EVIDENCE

HO Testimony of witness FA IR FA X  BU RNSIDE:

M y name is Fairfax Burnside. M y home is 
at 650 Florida Avenue, Douglas, Cochise County, 
Arizona. M y family, consisting o f my wife, 
Daisy, my son, Fairfax Burnside, and myself, have 
resided there since 1912. Fairfax Burnside, the 
plaintiff in this case is my son. H e is sixteen years 
old.

I own property in Douglas School District No. 
27 and have paid taxes there since 1918. (See 

111 Transcript o f Evidence, pp. 1 and 2.)

Question: Do you know the trustees named
in the Douglas School District No. 27?

Mr. John F. Ross: W e admit those named in
the cause are the trustees.

Mr. John W . Ross: You admit that J. E.
Carlson is principal of the High School and that 
R. E. Souers is Superintendent of the Douglas



S8

112 High School and the Common School, you admit 
that?

Mr. John F. Ross: Yes.

Mr. John W . Ross: How many High School
buildings in the High School District No. 27?

Fairfax Burnside: One, sir.

Q. Where is that building located? A. On 
12th Street, between C and D  Avenues.

Q. In what city? A. Douglas, Arizona.

Note: The defense admitted that the plain­
tiff was promoted from the Common School to 
the Douglas High School as provided by Par. 2779, 
Civil Code, Arizona, 1913 (see, Trans, o f Ev., pp. 
3 and 4).

Q. What was done after that? How long 
did your son attend the High School? A. Plain­
tiff was permitted to attend the High School dur­
ing the 8th, 9th and 10th days o f September, 1926. 
On the 13th o f September he was refused admit­
tance.

Q. Tell what was done. A. H e was or­
dered to go down to the colored Grammar School.

Q. W ho ordered him? A. The principal 
o f the school.

Mr. John F. Ross: Did Mr. Carlson tell you

113

114

that?



Q. Has your son attended the Douglas High 
School .since the 13th day of September, 1926? 
A. No, sir.

Q. D o you know why he was refused admit­
tance to the High School? A. I know why the 
trustees told me. They told me that there were 
some people from Texas that didn’t want colored 
people to go to the High School, and that they 
couldn’t go to High School any more.

Q. W ho told you that? A. Mr. Stacy and 
Mr. Dawe and the Superintendent Souers.

Q. When was that told you, about when? 
A. The morning o f September 13th when I was 
speaking to Mr. Stacy.

Q. Are you, what race do you belong to? A. 
The African race.

Q. And your son belongs to the same race? 
A. Same race.

Q. Now what did they say to you, if any­
thing, iabout another school building for your son 
to attend, the Trustees? A. They told me, the 
Trustees, that they could go to Dr. Bryant’s School.

Q. On 5th Street and G Avenue? A. Yes.

Q. In the City o f Douglas? A. Yes. About 
a mile from the High School.

Judge Laine: It will be stricken .



40

118 Q. W ho is Dr. Bryant? A. H e is the 
teacher in the Colored School.

Q. What school is that, what grades? A. 
The Primary School and Grade School.

Q. Primary and Grade School teacher? A. 
Yes, and a practicing Doctor also.

Q . Now as to the accommodations in this 
Grade School where Dr. Bryant is the teacher, do 
you know anything about the equipment? A. Yes,

119 s’r> ^ eY have two rooms in the Grade School. 
They have two teachers there.

Q. How many teachers in the High School? 
A. I don’t know exactly about eighteen or nine­
teen.

Q. Do you know how many pupils the High 
School Building would accommodate? A. I don’t 
know, but in the neighborhood o f a thousand.

Q. How many pupils are there? A. From 
what I hear, between three or four hundred.

120 (See, Transcript of Evidence, pp. 4, 5
and 6.)

Cross Examination by John F. Ross, County 
Attorney.

Q. When was it you were talking with Mr. 
Stacy? A. On the morning of the 13th.

Q. Just what did he say at that time? A. 
W ell, he said the colored children just could not



41

121 go to the High School because there was some com­
plaint o f the people from the South and. Texas who 
didn’t want their own children to go to the High 
School, and that they couldn’t go.

Q. Didn’t he tell you there was lots o f com­
plaint? A. H e told me there were six .

Q. Six what? A. Six people.

Q. Did you go talk with him at any time 
after that? A. In Judge Ross’ office.

p22 Q. When? A. I don’t know' the date.
Q. W ell, about when? A. About the 18th 

or 19th o f September, after the children were re­
fused admittance.

Q. Did he tell you anything about the 
School then? A. Yes, sir.

Q.What did he tell you? A. The same as 
he told me before.

Q. Where did he tell you that your children, 
or child, should go? A. H e say that was going 

123 to prepare a school down in the Mexican Primary 
School for these children.

Q. A room didn’t he? Didn’t he tell you 
anything about the facilities? A. He said they 
haven’t the same facilities and accommodations as 
in the White High School, but they get all the 
education they require.

Q. Did he tell you there would be a teacher 
capable of teaching the High School branches? A.



42

124 M r. Dawe told me they had a teacher, not Mr. 
Stacy.

Q. Mr. Dawe is one o f the Trustees isn’t 
he? A. Yes, that was the morning after the 
Election. H e told me they had a teacher at the 
15th Street School for the Mexican children.

Q. You knew at that time that Mr. Dawe 
was a School Trustee, didn’t you? A. Yes, sir. 
(See transcript o f evidence, p. 7.)

F A IR FA X  BU RNSIDE, Junior, the Plaintiff,
125 testified as follows:

M y name is Fairfax Burnside, Junior, I am 
sixteen years o f age. I am o f the African race. I 
reside with my parents at 650 Florida Avenue, 
Douglas, Arizona, and have resided there since 
1920. I was promoted to Douglas High School 
and was admitted to attend there. I returned to 
the Douglas High School after the 13th day of 
September, 1926, and found on the bulletin board 
a notice instructing me to report at the office of 
Principal 'Carlson. I went to his office in the

1 o J
High School and saw him. H e told me to report 
for study at Dr. Bryant’s Colored School at 5th 
Street and F (Avenue, which is known as the Doug­
las Colored School. That School is a Grade School, 
as I understand it. I objected on the grounds 
that one teacher could not teach the courses for 
which sixteen or seventeen teachers were employed 
at the White High School. This took place on or 
about the 20th o f September, 1926.



I returned again to Mr. Carlson’s office in 
the High School building. I told Mr. Carlson I 
applied for admittance. H e told me he could 
register me there but that I had to attend classes 
at the 15th Street School, that is the Mexican 
Primary School on 15th Street between C and D 
Avenues; it is about three blocks from the Douglas 
High School. There is but one High School in 
Douglas School District No. 27, and that school 
is between 12th and 13th streets and C. and D. 
Avenues.

(See pp. 12 to 14 inc., transcript of evidence.) 

H E L E N  BROW N, testified as follows:

M y name is Helen Brown. I have held the 
position o f County School Superintendent for six 
years. I have lived in Douglas, Cochise County, 
State o f Arizona, and have been acquainted with 
the schools and school buildings in Douglas for 
sixteen years. I am familiar with the 15th Street 
School, located, I believe, between C and D  Ave­
nues on 15th Street. This school is being used for 
Mexican children at the present time.

I know Dr. Bryant. H e is one o f the two 
teachers in a school on 5th Street near the Inter­
national Line. H e is a colored teacher. Dr. Bry­
ant is the Principal o f that School. He had a 
first grade certificate, which entitled him to teach 
in Grade and High Schools. That certificate ex­
pired July first, and he has not been qualified this 
year.



The High School is located on twelfth and 
thirteenth Streets and C and D  Avenues, and is 
capable o f accommodating possibly six or eight hun­
dred pupils. There are about three hundred pu­
pils attending there now. There is only one 
building in Douglas used as a high school.

The required subjects in Douglas High 
School are: English I, Algebra I, Foreign Lan­
guage and Physical Training. I do '{not know 
whether Dr. Bryant could teach Foreign Language 
Spanish, Italian. I know nothing o f his ability in 
that line. I know nothing o f his qualifications.

“ There is just one building they use for High 
School purposes.”

There are approximately sixteen teachers in 
the Douglas High School.

To my knowledge there is no other place in 
which High School branches are taught-, only in 
the building situated on \2th and \7>th Streets and 
C and D Avenues.

The colored students in the Colored School 
have regular equipment in their classrooms. The 
High School has more equipment and more teach­
ers. Dr. Bryant could not teach in the High 
School this year. I would not say that the teachers 
in the 15th Street School are equipped to teach 
the same as are those in the High School.

(See transcript o f evidence, pp. 15 to 21, inc.)



45

133 A LB E R T STACY, testified as follows:

M y name is Albert Stacy. I live in Douglas, 
Arizona, and have lived there for nearly twenty- 
five years. I am well acquainted with the build­
ings and people there. I know where the f i f ­
teenth Street School is. It is on the fifteenth 
street between C and D  Avenues. There is no 
Mexican School in Douglas. Some o f them at­
tend this school. They are not in separate schools. 
The Superintendent segregates them where he 
thinks they will get along best. The Mexicans at- 
tend the High School.

Dr. Bryant teaches in the colored school, on 
Fifth and F Streets. I do not know what subjects 
Dr. Bryant teaches.

W e have been looking it up, and there is no 
building on record as the Douglas High School 
Building. The one known as the High School 
building is on Twelfth Street, between C and O.

I have known Mr. Fairfax Burnside since 
135 about the first of September, 1926. This is the 

first time I have seen his son.

(See transcript o f evidence pp. 21-22.)

Mr. John W . Ross.

Q. You heard the testimony about the son 
being promoted to the High School, didn’t you? 
That is true? A. I suppose so.



46

136 Q. You heard him say that, the boy say
that he went to the High School to ask for admit­
tance, didn’t you? A. Yes, sir.

Q. D id you as one o f the trustees direct that 
he shouldn’t attend the High School between C and 
D  Avenues? A. No, sir.

Q. You want him to attend the High School 
between C and D  Avenues? A. No. H e is in 
the High School now.

Q. Answer my question please, Mr. do you 
want him to attend the High School between C 
and D  Avenues? A. No.

Q. You told the teacher not to let him come, 
didn’t you? A. No, I didn’t tell Mr. Carlson 
that.

Q. Did you tell Mr. Souers? A. ’ tes.

Q. Not to allow him to come? A. I didn’t 
personally. W e had a meeting o f the School 
Board and t̂alked it over.

1 RR Q. Was Mr. Fairfax Burnside present when 
you had this meeting? A. No.

Q. The old gentleman? A. No.

Q. Did you notify him you were going to 
have one? A. No.

Q. As to whether his boy should be permit­
ted to attend? A. H e was at one meeting.



Q. At the time you determined not to allow 
him to be admitted in the School? A. I don’t 
remember.

Q. You did at a meeting determine not to 
admit him into the High School between C and 
D  Avenues? A. Yes, sir.

Q. You determined not to admit him? The 
Trustees, you and two others? A. Yes.

Q. Are you chairman o f the Trustees? A. 
No.

Q. On what grounds did you determine not 
to admit him? A. They were admitted and are.

Mr. John F. Ross:

He is answering the question.

Mr. John W . Ross:

Q. On what grounds did you determine not 
to admit Fairfax Burnside to the High School be­
tween C and D  Avenues in Douglas? A. But 
your question can’t be answered that way.

Q. Answer it this way and make the explan­
ations afterward. A. They are admitted to the 
school now.

Q. On what grounds did you refuse to admit 
him to the school between C and D  Avenues? 
A. They are enrolled in the high school and at­
tended there for the first week and there was so



48

142 much objection that we saw it was going to dis­
turb the whole school, some had been taken out and 
sent to other places then. W e did what best thing 
we could to provide for these children. W e sup­
posed that Dr. Bryant still had his Certificate to 
teach high school. W e asked the children to go 
there. Then we discovered that he didn’t have a 
certificate t o ! permit to teach and immediately got 
another teacher who was qualified and prepared 
the two rooms in the 15th Street School.

Q. You didn’t allow him to attend the 
High School situated on 12th Street between C 
and D  Avenues on account o f his being o f the 
African Race, that is the reason? A. No, sir.

Q. Isn’t that the reason the children objected? 
A. It may be.

Q. Did parties tell you they didn’t want 
these colored children to attend the High School? 
A. Yes, a large number o f them.

Q. That is the reason you denied him the 
144 right to attend the High School? A. W e haven’t.

Q. You just said—  A. H e is enrolled in 
the High School now. I am telling you what was 
done. As I said, we prepared the two rooms in 
the shortest time we could, and then sent word. 
Mr. Souers and Mr. Carlson were going to notify 
them the rooms were open for them.

Q. In prefaring the rooms on \5th Street 
for the three colored children, the plaintiff and



49

145

146

two others, did you put any other children over 
there with them? A. No, sir.

Q. Just singled them out because they were 
of the African race? A. No, sir, because people 
objected to them.

Q. You didn’t segregate them into groups? 
A, Yes, sir. Those three were the group objected 
to.

Q. By age or by race? A. That wasn’t con­
sidered.

Q. Those were the three that were making 
the disturbance in the school there? A. Not in­
tentionally there, but people objected to them.

Q. Answer my question.

Judge Laine:

Now to shorten the matter I will assume they 
were objected to because of African Descent. Now 
were jthey provided with the same instruction at 
the building you suggest as they would have been 
had they gone to the 12th Street School? A. Yes.

(See transcript of evidence pp. 21-25 inclusive.)

R. E. SOUERS, called as a witness herein, after 
being first duly sworn, testified as follows:

Mr. John W . Ross:

Q. What is your name? A. R. E. Souers.



50

148 Q. What is your occupation? A. Superin­
tendent o f Schools.

Q. What school? A. Douglas, Arizona, 
School District No. 21,

Q. Now how long have you been Superin­
tendent o f the Douglas Schools? A. Seven years.

Q. You know where the Douglas High 
School is situated? Located? A. I know what 
is commonly known as the high school building
between 12th and 13th and C and D  Avenues.

149
Q. Dou you know this boy, Fairfax Burn­

side? A. Very well.

Q. Did he attend the Douglas High School 
this year? A. For part o f a week.

Q. And was he suspended? A. No, sir.

Q. Was he refused admittance to the High 
school? A. No, sir.

Q. T o 'the Douglas High School between
150 C and D  Avenues? A. Yes, sir.

Q. Did you act on your own accord in re­
fusing admittance? A. I did not.

Q. W ho gave you the directions? A. The 
Board o f Trustees, School District No. 27.

Q. T o send him to the school which had 
been properly equipped? A. No, not to admit



51

151 him to the school between C and D  Avenues, That 
particular building.

Q. On what grounds? A. On the grounds 
that provision was ..made otherwise. They were 
disturbing the peaceful workings of this particular 
building.

Q. Were they quarreling, disturbing the 
peace? A. No.

Q. Were they well behaved? A. Yes.

152 Q. H e wasn’t expelled for any misconduct? 
A. None whatever.

Q. Not on account o f any disease? A. Not 
that I know of.

Q. H e wasn’t suspended for the reason o f 
his African descent? A. He was not suspended.

Q. H e was refused admittance to the highi' 
school on account of being a colored boy? A. 1 
presume that you would say that.

153 Q, Did the school trustees tell you that was 
the reason? A. No.

That is all.

Mr. John F. Ross:

Q. Mr. Souers where did they attend school, 
if at all? A. They attended a part o f a week, 
a part o f a week at the building between C and 
D  Avenues.



Q. What was the condition that existed there 
at the end o f that week? A. I am not so sure 
about the conditions existing in this building, but 
through my office I am aware of an unusual condi­
tion, constant inquiries as to how long these indi­
viduals were to remain in that school.

Q. Form of a complaint? A. It was.

Q. Was that so far as you know referred to 
the board o f trustees? A. It was from many 
other sources.

Q. Did you learn any o f the dissatisfaction 
and the condition that was being caused by them 
attending that school? A. From the Principal 
o f the High School.

Q. 'You are in direct charge o f the high 
school? A. Yes, sir.

Q. Whose duty is it to keep track of those 
things? A. The Principal, Mr. Carlson.

Q. And to whom does he report? A. T o 
my office.

Q. Direct? A. Direct.

Q. You say the children attend, or are in 
the high school? A. On paper.

Q. What |io you mean by that? A. They 
are enrolled the same as any others, on enroll­
ment cards which we provide for such purposes.



Q. Their names and records are in the o f­
fice p f the Principal o f the high school? Are 
they still there? A. Still there.

Q. Is there any difference from any other 
pupil attending that high school? A. Not at all.

Q. So far as their enrollment is concerned 
it is exactly the same as all others in that school? 
A. On paper exactly.

Q. Have they ever attended the rooms or 
the high school prepared for them? A. No, not 
to my knowledge.

Q. Do you know anything about the teacher 
that is to teach in those rooms? A. I do, I chose 
her personally.

Q. Do you know anything other than her cer­
tificate? A. I do.

Q. W ill you tell the court her qualifications 
for teaching the branches taught in the high 
school? A. She has taught in past years, Ancient 
History, Latin, Mathematics including Algebra and 
Geometry, and equipped to teach Business Arith­
metic, Business English and Physical Education.

Q. That includes all the branches that are 
required in the first year of the high school? In­
cludes all the branches which this plaintiff is re­
quired to take? A. It does.

Q. As to equipment, have they been denied



54

160 any o f the high school equipment? A. No, not 
at all.

Q. Has any arrangement been made, they 
could have any o f the equipment going to that 
school? A. Ample provision is made for all o f 
the work o f the high school subjects with the 
exception o f some sciences. There is no laboratory 
facility. Arrangements can be made when the 
laboratory is not in use by other classes. That has 
been all fixed and arranged for.

X6.1 ; Q. How far would they have to come to get
all those facilities? A. About two city blocks.

Q. Is that unusual to have to go that far for 
some little matter o f that kind? A. Not at all.

Q. I f  -this plaintiff, together with the other 
two children were to attend would those facilities 
be opened? A. That is what I understand from 
the Board o f Education.

Q. You as Superintendent o f Schools would 
carry that out? A. Absolutely.

162
Q. That’s all.

Mr. John W . Ross:

Q. H ow  manv high school pupils attend the 
high school between C and D  Avenues? A. About 
three hundred and fifty-five.

Q. H ow many pupils in all would that school



accommodate? A. Not many more than four 
hundred.

Q. Now what is the name o f this teacher 
whose services was secured to teach? A. E ffie 
C. Autry, I am not sure about that initial.

Q. She was to teach, according to your un­
derstanding, at the 15th Street School? A. That 
is it.

Q. And she was qualified to teach English, 
Algebra, Geometry, Foreign Language? A. Latin.

Q. Not qualified to teach Spanish? A. I 
don’t know about that.

Q. Physical training? A. Yes, sir.

Q. General Science? A. Yes, sir.

Q. There is no laboratory over there. Could 
she teach the laboratory work with all o f these sub­
jects? A. Yes.

Q. Ancient History? A. Yes, sir.

Q. Business English? A. Yes, sir.

Q. This one teacher proposes to teach all 
these subjects? A. No, a Freshman is only re­
quired to take four subjects.

Q. But those subjects are English, Algebra, 
Physical Training, and Foreign Language? A. 
Yes, sir.



Q. Do you know whether she could teach 
Spanish or Italian, German or French? A. Chances 
are she couldn’t teach all o f those.

Q. How many teachers in the Douglas High 
School? A. Twenty-one.

Q. Do you think that one teacher can teach 
these branches or subjects, English, Algebra, For­
eign Language and Physical Training, as well as 
four or five teachers? A. I don’t think so, I 
know so.

Q. Give the same instruction? A. Yes, sir.

Q. Get the same results? A. Yes, sir, with 
the few pupils she would have to teach.

Q. She could teach General Science, do the 
laboratory work, and Ancient History? A. Yes, 
sir.

Q. And Commercial Arithmetic? A. Yes, 
sir. I looked into her record.

Q. Have you seen her teach any? A. I 
have not had a chance as yet.

Q. You don’t think she can teach Spanish? 
A. I don’t know anything about it.

Q. Don’t the pupils along the Border want 
to learn Spanish? A. Some o f them do.

Q. You would tell the court that he would 
be deprived of the right to have Spanish? A. I



57

169 have said ample provision would be made in the 
high school for work that could not be taken care 
o f in the 15 th Street school.

Q. W ould this person be required to go to 
the high school from the 15th Street school? A. 
Not necessarily.

Q. What is the equipment in the high school? 
A. What kind o f equipment?

Q. For laboratory work such as they use in 
the high school? A. W e have Physics laboratory 
for Seniors and Juniors, Chemistry for Juniors, and 
General Science for Freshmen.

Q. How many teachers for this laboratory? 
A. One. 1

Q. What other equipment is in the high 
school? A. What kind. W e have all kinds of 
equipment any of the branches require. The class 
rooms, different class rooms for different subjects, 
History, English, Mathematics, Languages.

171 Q. How many class rooms have you? A.
Perhaps twenty-four.

Q. How many class rooms did you propose 
to provide for this plaintiff? A. Two, we didn’t 
propose, they are already provided.

Q. But no one attended school there? A. 
No one but the teacher.

Q. Were you present when the motion—



58

172 was there a resolution passed by the Trustees re­
fusing or not allowing the plaintiff to be admitted 
into the high school?- A. I don’t remember the 
exact date.

Q. Was there a resolution passed? A. It 
seems to me there was.

Q. D o you know the conditions o f that reso­
lution? A. No, I wouldn’t want to say because 
it is in black and white.

Q. W ho is the Secretary o f the Board of
1 'TQ 1

Trustees? A. The clerk is Mr. Stacy.

Q. 'You have charge o f those books? A. 
Yes, as the clerk’s Secretary I have charge o f the 
books.

Q. Where are the books? A. In this room.

Q. I f  there is a resolution I want it read. 
A. On September 1 Oth, the regular meeting o f the 
School Board, here is this statement: The re­
quest o f a Committee o f colored people that pu- 

171 pils be admitted to the High School not granted 
since provision is made for the colored children 
elsewhere. Signed, Albert Stacy, Clerk.

Q. Does it give any reason in that resolution? 
Any reason? A. No.

Q. Was Mr. Burnside present when this ac­
tion was taken refusing his boy admittance to the 
high school?



59

175 A. This is the minutes o f a special meeting 
o f the board of trustees at 3:30 P. M . on September 
20, 1926, a meeting was called to hear the argu­
ments o f a colored delegation concerning the en­
try o f their children into the Douglas High School. 
After considerable discussion resolution was passed 
designating two rooms at the 15th Street School 
Building as part o f the High School System for a 
group o f colored high school pupils, who were to 
be under the supervision o f the High School Prin­
cipal. Superintendent was authorized to fit up

176 two rooms at the 15th Street School to be used for 
the above purpose and to secure a qualified teacher 
to teach the same. There being no further business 
the meeting adjourned.

That is all.

See pp. 25 to 31, inc., o f transcript o f evi­
dence.

J. E. CARLSON, testified as follows:

M y name is J. E. Carlson. I am principal 
o f the school on Twelfth Street between C and D 

L ( ' Avenues, commonly known as the High School 
Building. ,1 have been Principal o f this particular 
school for four years. I knew the plaintiff, Fair­
fax Burnside, on the day school opened. I have 
seen him around town. He attended school for 
three days. I then instructed him to report at the 
school at F Avenue, as other provisions would be 
made. I was instructed to send him to the school 
at F Avenue, and not to admit him to the school



60

178 between C and D  Avenues. H e has not attended 
school at the building between C and D  Avenues 
since that day. H e returned once later, evidently 
wanting to attend the High School between C and 
D  Avenues. I told him that he was registered, 
and that he could attend the school on 15th Street, 
two blocks away. I instructed only the colored 
children to attend the 15th Street School.

Judge Laine:

I will tell you how I look at this case is this, 
that there has been some objection made to the 
entry o f these children into the high school on ac­
count o f their race. It further appears that the 
Board o f Trustees for that reason have provided 
ample equipment, a good thorough instructor where 
they would receive the same educational advantages 
as they would receive in the Twelfth Street Build­
ing. It doesn’t make any difference about the 
building. The building has nothing to do with it, 
and it appears from the testimony o f the Superin­
tendent o f the High School that there are about 
three hundred fifty-five in the high school build- 

180 ing, that there are twenty-one teachers there. That 
would make an average for every teacher o f each 
department o f seventeen pupils. It seems to me 
that at that rate they would receive better instruc­
tion, more attention under a single teacher than 
thev would at the High School Building proper. 
The building has nothing to do with it at all. I 
think that the writ will be denied.

(See pp. 31 to 34 inc. o f transcript o f evidence.)



T IT L E  OF CAUSE NO. 6685 

N O T IC E  OF A P P E A L

Notice is hereby given that the above 
named plaintiff, Fairfax Burnside, appeals to the 
Supreme Court o f the State of Arizona, from the 
judgment rendered in said court in the above en­
titled cause on the 9th day of December, 1926, in 
favor of the above named defendants, Douglas 
School District No. 27, et al., and against the said 
Fairfax Burnside, plaintiff, and from the whole 
thereof.

Notice is hereby given that the above named 
plaintiff, Fairfax Burnside, appeals to the Supreme 
Court o f the State o f Arizona from, that certain 
order made and entered in the above entitled cause 
in said court on the 29th day o f December, 1926, 
denying plaintiff’s Motion for a New Trial.

John Wilson Ross,

Attorney for Plaintiff, Fair­
fax Burnside.

Received copy o f the above notice o f appeal 
this day o f February, 1927.

James T. Gentry,

County Attorney, Cochise 
County, State of 
Arizona.

Filed February 23, 1927.



62

T o School District No. 27 and to the Board 
o f Trustees thereof and the County Attorney of 
Cochise, State o f Arizona:

You and each o f you will please take notice 
that there has been filed with J. E. James, the 
clerk o f the above entitled court, a transcript o f 
the reporter’s notes in the above entitled cause, 
and that you will be required within twenty (20) 
days after the service o f this notice to file with 
the clerk either a written statement agreeing that 
said reporter’s transcript is correct, or one specify­
ing wherein it is defective, and setting forth such 
amendments as you may deem necessary to make it 
correct.

184 N O T IC E  O F  F IL IN G  R E P O R T E R ’ S T R A N S C R IP T

186

Dated this 17th day o f January, at Tombstone, 
Arizona.

John Wilson Ross,

Attorney for the Plaintiff.

Service o f the foregoing notice is acknowledged 
this 17th day o f January, 1927.

James T. Gentry,

County Attorney o f Co­
chise County, Arizona.

Filed January 17th, 1927.



83

187 T IT L E  OF CAUSE NO. 6685 

A F F ID A V IT  IN  L IE U  O F A P P E A L  BOND

State of Arizona, County o f Cochise, ss:

Fairfax Burnside, being first duly sworn, up­
on his oath deposes and says:

That he is the plaintiff in the above numbered 
and entitled cause; that he desires to appeal from 
the final judgment rendered on the 9th day of 
December, 1926, in the above numbered and en­
titled cause to the Supreme Court o f the State of 
Arizona; and also from that certain order denying 
plaintiff’s motion for a new trial; said order de­
nying motion for new trial being made and en­
tered in said cause on the 29th day o f December, 
1926; and affiant says, that he is unable to give 
bond on appeal; that he is a minor and does not 
earn any money; that he is sixteen years o f age; 
and has no property o f any kind whatsoever where­
by he could secure bond on appeal; that he has a 
meritorious cause o f action; and if he shall be re­
quired to give bond on appeal he will be unable 
to prosecute his appeal to the Supreme Court of 
the State o f Arizona.

(Signed) Fairfax Burnside.

Subscribed and sworn to before me this 19th 
day o f March, 1927.

M y commission expires July 31st, 1930.

(Seal) Wm. C. Jack.
Filed April 12, 1927. Notary Public.



64

A P P E A L  BOND

T o James T. Gentry, County Attorney, and 
to Harry Pickett, Attorney for defendant, in above 
numbered and entitled cause, and to the defend­
ants: You and each o f you will please take notice: 
that the plaintiff has this date filed affidavit in 
lieu of appeal bond; that by the provisions o f par. 
1239, Civil Code, Arizona, 1913, plaintiff is en­
titled to prosecute his suit on appeal to the State 

 ̂ Supreme Court where he is unable to give bond 
on appeal, provided he files an affidavit stating he 
is unable to give bond on appeal and the reasons 
therefor. You will further take notice that plain­
tiff will ask the Judge of the Superior Court of 
Cochise County, Arizona, to endorse on the a ffi­
davit of appeal filed herein his approval of said 
affidavit as provided in par. 1239, Civil Code, 
Arizona, 1913.

( Signed) John Wilson Ross,

Attorney for Plaintiff.
192

Received copy this 12th day o f April 1927.

James T. Gentry.

County Attorney of Cochise 
County, Arizona.

1 9 0  N O T IC E  OF F IL IN G  OF A F F ID A V IT  IN  L IE U  OF

F iled  April 12, 1927.



65

193 T IT L E  OF CAUSE NO. 6 6 8 5

N O T IC E  S P E C IF Y IN G  PA PE R S A N D PO R TIO N S OF T H E  

R E C O R D  D E E M E D  N ECESSARY B Y  A P P E L L A N T  TO 

P R E SE N T  QUESTIONS IN V O L V E D  ON A P P E A L

194

195

The appellant, Fairfax Burnside, hereby files 
this notice of papers and portions o f the record to 
be transmitted to the Supreme Court of the State 
of Arizona, on appeal:

1. The judgment roll in said cause.

2. The plaintiff’s complaint.

3. The defendants’ answer.

4. The alternative writ o f mandamus.

5. Plaintiff’s motion to strike defendants’ 
answer; reply and demurrer.

6. The Findings o f Fact made by the court.

7. The judgment o f the court.

8. Motion for new trial made by the plain­
tiff, filed on December 9th, 1926, with the admis­
sion o f service thereof.

9. The order o f the court dated December 
29th, 1926, denying plaintiff’s motion for a new 
trial.

10. The reporter’s transcript o f the eivdence 
filed January 17th, 1927, with the admission o f 
service thereof.

11. All minute entries in the cause.



66

196 12. Notice o f filing reporter’s transcript with
the admission o f service thereof.

14. Affidavit on appeal in lieu o f bond on 
appeal with the admission o f service thereof.

15. This paper.

f * _______ i

197

16. Notice o f filing^on appeal, with the ad­
mission o f ,service thereof.

Jo h n  W ilson R oss,

Attorney for the Plaintiff, 
Fairfax Burnside.

Received copy this. . . day o f ............... , 1927.

Jam es T. G e n t r y ,

County Attorney o f Cochise 
County, State o f Arizona.

Filed April 23rd, 1927.

T H E  JU D G E S  C E R T IF IC A T E

State o f Arizona, County o f Cochise, ss:

I, Frank B. Laine, Judge o f the Superior 
Court o f the State o f Arizona, in and for the 
County o f Cochise, presiding at the trial o f the 
above entitled cause, do hereby certify that the 
foregoing reporter’s transcript is true and correct 
and contains a true record o f the proceedings had 
as reported herein, and has been agreed to as cor­
rect by counsel for the respective parties.



Done in open court, this 29th day o f Decem­
ber, 1926.

Frank B. Laine,
Judge o f the Superior Court of 

the State of Arizona, in and 
for the County o f Cochise.

T H E  R E P O R T E R ^  C E R T IF IC A T E  

State of Arizona, County of Cochise, ss:

I, Camilla Dalgleish, Deputy Official Court 
Reporter o f the Superior Court o f the County of 
Cochise, State o f Arizona, do hereby certify that 
the above and foregoing thirty-four pages o f type­
written matter constitute and contain a full, true 
and correct copy o f all questions propounded to 
witnesses and their answers thereto in the case of 
Fairfax Burnside, a Minor by his Guardian Ad 
Litem v. Douglas School District No. 27, et als., 
etc. No. 6685, as well as all remarks, ruling opin­
ions and judgment given and rendered during the 
trial thereof by the judge presiding at the trial, and 
that they contain all the oral evidence given at 
the trial, o f said cause.

In Witness W hereof, I have hereunto set my 
hand in my official capacity, as such Deputy O ffi­
cial Court Reporter, at Tombstone, in said County 
and State this 8th day o f December, 1926.

Camilla Dalgleish,
Deputy Official Court Re­
porter of the Superior Court 
of the County of Cochise, 
State of Arizona.