Roberto Alvarez, et al. v. E. L. Owen, et al.

In the Superior Court of the State of California, In and For the County of San Diego.

Roberto Alvarez, a minor, by Juan M. Gonzalez, guardian ad litem, Petitioner, v. E. L. Owen, Anna E. Wight and Henry A. Anderson, members of and constituting the Board of Trustees of Lemon Grove School District, County of San Diego, California, and E. L. Owen, Anna E. Wight and Henry A. Anderson, individually, and Jerome J. Green, Respondents. 

No. 66625.
Peremptory Writ of Mandate.

The people of the State of California, to E. L. Owen, Anna E. Wight and Henry A. Anderson, members of and constituting the Board of Trustees of Lemon Grove School District, County of San Diego, California, and E. L. Owen, Anna E. Wight and Henry A. Anderson, individually, and Jerome J. Green, Greeting:

WHEREAS, upon the trial of the issues in the above entitled action before the above entitled Court, in Department No. Six thereof, the Court has duly found and adjudged that the allegations of the petition in said action are true and that the petitioner, Roberto Alvarez, a minor, by Juan M. Gonzalez, his guardian ad litem, is a resident and an inhabitant of the School District of Lemon Grove, County of San Diego, State of California, and a party beneficially interested herein, and that E. L. Owen [unclear] to July 1st, 1930, the duly elected and constituted members of the Board of Trustees of the School District of the Lemon Grove School District, County of San Diego, State of California, and Jerome J. Green is the principal of said school, and that the school building of the School District of Lemon Grove, is a commodious and modern school building, having five class rooms and five teachers regularly employed, and that prior to the 5th day of January, 1931, Roberto Alvarez, and about seventy-four other pupils of Mexican parentage, were regularly attending and receiving instruction in said five room school building, and on the morning of the 5th day of January, 1931, all of said pupils of Mexican parentage were excluded from said five room school building, by action of the respondents above named, and that petitioner, and about seventy other pupils of Mexican parentage, finding themselves excluded from attending school in said five room school building, returned to their homes, and thereafter did not attend school and have not attended school since excluded therefrom on the 5th day of January, 1931; and that prior to said date there had been constructed by said school trustees a two room school building and the exclusion of said pupils from the five room school building was an attempt to separate the pupils of Mexican parentage from all other pupils attending said school, and to segregate the pupils of Mexican parentage in separate school in the two room school building apart from the other pupils attending school in said five room school building, and that there is no plain, speedy and adequate remedy at law, and the laws of the State of California do not authorize or permit the establishment or maintenance of separate schools for the instruction of pupils of Mexican parentage, nationality and/or descent, and the Board of School Trustees of Lemon Grove School District, were and are without power to establish and maintain a separate school for the instruction of pupils of Mexican parentage, nationality and/or descent, and that Roberto Alvarez and all other [unclear] in the boundaries of Lemon Grove School District, excluded from said school as aforesaid, were and are legally entitled to enter said five room school building and receive instruction on a basis of equality with all other pupils in attendance and receiving instruction therein, without separation or segregation because of Mexican parentage, nationality and/or descent. 

NOW, THEREFORE, we being willing that speedy justice should be done in this behalf to him, the said petitioner, Roberto Alvarez, a minor, by Juan M. Gonzales, his Guardian ad Litam, do [unclear] you and each of you to immediately admit and receive the petitioner, Roberto Alvarez, and all other pupils of Mexican parentage, nationality and/or descent, residing in said School District, into said five room school building, the same being the public school of the school district of Lemon Grove, County of San Diego, State of California, where said children of Mexican parentage, nationality and/or descent, attended school prior to the 5th day of January, 1931, and that they be admitted to said school on a basis of equality with all other children of said school district, without separation, or segregation in a separate school because of Mexican parentage, nationality and/or descent; and we do also command that you make known to us before Department Six of the Superior Court of the State of California, in and for the County of San Diego, at 10:00 o'clock A.M., on the 26th day of April, 1931, how you have executed this Writ; And have you then there this Writ.

WITNESS, Honorable C. N. Andrews, Judge of the Superior Court, this 18th day of April, 1931.

J. B. McLees,
Clerk of Superior Court
San Diego County, California
By L. L. Bailey, Deputy

In the Superior Court of the State of California, In and For the County of San Diego.

Roberto Alvarez, a minor, by Juan M. Gonzalez, guardian ad litem, Petitioner, v. E. L. Owen, Anna E. Wight and Henry A. Anderson, members of and constituting the Board of Trustees of Lemon Grove School District, County of San Diego, California, and E. L. Owen, Anna E. Wight and Henry A. Anderson, individually, and Jerome J. Green, Respondents. 

No. 66625.
Judgment.

This cause came on regularly to be heard on the 10th day of March, 1931, the return day of the Alternative Writ of Mandate, and hearing the trial thereof was duly and regularly had on the 10th and 11th days of March, 1931, in Department Six of this Court; the petitioner appearing generally by his counsel, Noon & Noon, and Charles A. Brinkley, at all times, and the respondents appearing generally by their counsel, E. T. Dunn, and E. I. Kendall, and Philip Smith, Deputy District Attorneys for the County of San Diego, State of California, at all times, and thereupon the cause was tried before the Court without a jury, oral and documentary evidence being introduced by the respective parties; and the evidence being closed, the cause was submitted to the Court for consideration and decision, and, after due deliberation thereon the Court filed its findings of fact and conclusions of law.

WHEREFORE, [unclear] aforesaid[?], IT IS ORDERED, ADJUDGED AND DECREED, that the Alternative Writ of Mandate be and the same is hereby made permanent, perpetual and final, and that the Board of School Trustees of the School District of Lemon Grove, County of San Diego, State of California, pay all costs heretofore expended by the petitioner herein, taxed at $85.50.

IT IS FURTHER ORDERED AND ADJUDGED by the Court that the prayer of the petitioner herein be and the same is granted, and the Clerk of the Superior Court is hereby ordered and directed to issue a Peremptory Writ of Mandate, herein commanding E. L. Owen, Anna E. Wight and Henry A. Anderson, members of and constituting the Board of Trustees of the School District of Lemon Grove, County of San Diego, State of California, and Jerome J. Green, principal of said school, and each of them, respondents herein, to immediately admit and receive the petitioner, Roberto Alvarez, and all other pupils of Mexican parentage, nationality and/or descent, residing in said school district, into said five room school building, the same being the public school of the school district of Lemon Grove, County of San Diego, State of California, where said children of Mexican parentage, nationality and/or descent attended school prior to the 5th day of January, 1931, and that they be admitted to said school on a basis of equality with all other children of said school district, without separation or segregation in a separate school because of Mexican parentage, nationality and/or descent; and that said Peremptory Writ of Mandate be made returnable on the 26th day of April, 1931, at 10:00 o'clock A.M., before the Honorable C. N. Andrews, in Department No. 4 of this Court, and for additional costs for service of said Peremptory Writ of Mandate in the sum of $____

Dated this 16th day of April, 1931.

Claud L. Chambers
Judge of the Superior Court.