School Dist. No. 71 v. Overholser

• Decision Date: 05 September 1906
• Citation: 87 P. 665,17 Okla. 147,1906 OK 67
• Parties: SCHOOL DIST. No. 71 v. OVERHOLSER et al.
• Court: Oklahoma Supreme Court

87 P. 665

17 Okla. 147, 1906 OK 67

SCHOOL DIST. No. 71 v. OVERHOLSER et al.

Supreme Court of Oklahoma

September 5, 1906

Syllabus by the Court.

Separate Schools. Who may control the same.

Under the separate school law, a county does not become the owner of the separate school buildings erected by the board of county commissioners, in the sense that the board of county commissioners may sell or dispose of the same as county property.

Such buildings are under the control and management of the school officers of the districts in which they are erected, and the board of county commissioners have no authority to direct which class of children shall attend school at either of the school buildings in such district, or to in any manner interfere with the school district officers in the control and management of the district schools.

Error from District Court, Oklahoma County; before Justice B. F Burwell.

Action by School District No. 71, Oklahoma county, against Ed Overholser and others. Judgment for defendants, and plaintiff brings error. Reversed and remanded.

This cause was determined in the court below on the following agreed facts.

On the 23d day of September, 1905, it was mutually agreed by and between the respective parties hereto in open court, that the following are the relevant facts in this case: That under the provisions of the separate school law of the territory of Oklahoma, the board of county commissioners of Oklahoma county, Oklahoma Territory, erected a building on the northwest quarter of section eleven (11), township fourteen (14) north of range one (1) east, to be known as a separate school for the benefit of either colored or white children having the minority of children of school age of said district. That district No. 71 built a schoolhouse for the benefit of the white or colored children, having a majority of children in said district on the northwest quarter of section twelve (12) township fourteen (14) north of range one (1) east, which site was located by the vote of the electors of said district in a regular meeting held for said purpose. That previous to said time, a building had been erected on the southeast corner of section two (2) township fourteen (14) north of range one (1) east, which schoolhouse had been erected by one Lane, who was an officer of said school district at said time, supposing at that time that bonds had been regularly issued for the building thereof, but it was afterwards decided that said bonds were not valid, and said schoolhouse has stood in the name of F. W. Lane since said time, but said building is a fit building for school purposes with the exception of seats, said building only having temporary seats. That said schoolhouse on the northwest quarter of section 12, township 14, north of range 1 east was built by the entire district. That at the time built the county commissioners of Oklahoma county, Oklahoma Territory built said schoolhouse for the minority scholars of said district, on the northwest quarter of section 11, township 14, range 1 east, the colored school population of said district was in the minority; but at this time, and for some time past, the colored population of said district has the majority school population of said district. School District No. 71, has no interest in the schoolhouse on the Lane land herein above described. That notwithstanding the colored scholars of said district are now in the majority, they having been using the separate schoolhouse on the northwest corner of section 11, township 14 N., range 1 east, for the holding of their school therein, with the consent of a majority of the board of said district and the county commissioners of said county. That on representations made to the board of county commissioners on September 5, 1905, the board of county commissioners rented for a separate school in said district the school building erected on the Lane farm situated in the southeast corner of section 2, township 14 N., range 1 east, and rented the building built by the county for a separate school building, on the northwest corner of section 11, township 14 N., range 1 east, to the defendant F. W. Lane, and that the rental of said building for said purpose was in consideration of the use by said Lane of the separate school building erected by the county, as aforesaid. That Lane, under said agreement with the board of county commissioners, took possession of the said separate school building, and placed in possession thereof the defendant Claude Pyle, and that the time he took possession of said building, school was being held in said building by the colored school population of said district, and the said board of county commissioners ordered the removal of said school to the building rented by them for that purpose. That, at the time of the construction of said building by the county for said school purposes, the district furnished the same at an expense of about $136. That since that time, for a period of six years, said school district has kept said school building in repairs, repainting the same twice, caused to be dug and furnished a well for the school purposes, for said schoolhouse, caused the building to be insured for the said term of seven years, and caused to be expended for that the sum of $25, and that, at the time the order of the board of county commissioners was made, that furniture belonging to said school district and purchased by them, as stated above, was inside said building. That the seats...