Peters

Defendants appeal upon the judgment-roll, claiming that the findings do not support the conclusions reached by the trial court. Wesley W Peters, a minor Indian child, filed in the superior court a petition for a writ of mandamus by which he seeks to compel the defendant School District and the teacher thereof to admit him as a pupil. Among the findings of the trial court are the following:

The court concluded: “That Wesley W. Peters, petitioner, and his Guardian ad Litem, Max Peters, are not tribal Indians, and are both citizens of the United States and of the State of California.

Defendants base their appeal upon the sole proposition, as claimed, that the findings disclose that petitioner is a resident of an Indian reservation. They state in their brief: “If the Court can find, as a conclusion of law, that this is not a reservation, then of course this appeal must fail, for if petitioner is not a resident of an Indian Reservation, admittedly he is entitled to be granted admission to the Pauma School under the authority of Piper v. Big Pine School District, 193 Cal. 664 [ 226 Pac. 926 ].” A brief has been filed as amicus curiae by the United States attorney for the southern…