Wysinger

This is an application for a writ of mandate to compel the defendant, Orookshank, a teacher of *589 a public school located in the city of Visalia school district, of the county of Tulare, to admit the plaintiff as a scholar. The application was denied, and from the judgment rendered therein, and an order refusing a new trial, this appeal is prosecuted.

The only ground for the refusal of the teacher to admit the applicant to the public school as a pupil is, as stated by the former, that the father of the petitioner, “ on October 1, 1888, came to me at the public school in Visalia with a boy about twelve years of age, named Arthur; Wysinger said he had brought his boy to put in school; he said: ‘Here is my boy to put in your school.’ I told him to take his boy to Mr. McAdams, who taught the colored school. I just assigned him to the colored school. I refused to admit his boy to the public school on Locust Street because he was colored, and because this public colored school was established by the board of education, who had instructed me to send the colored children to that colored school. These were my only reasons for refusing to admit him to the public school on Locust…