The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-14
'AGREE TO PRESENT
AOkI TEST CASE
Conference Outlines Policy
IN Dealing With Japanese
School Children Problem
STATEMENT OF FACTS

agreement was reached yesterday at
conference between United States
District Attorney Devlin. City Attor-
negs burke and Baggett. and President
AitmSnn Of the Board Of Education on
the statement OF facts to be made the
basis OF the proceedings TO be begun
IN the State Supreme Court in the
name of l0-year-old Kei Kechi Aoki to
test the validity of the segregation Of
japanese attending the public schools
OF San Francisco.
The statement Of facts is essentially
the same as the one drafted last Friday.
which has already been published in
run IN The Call. a change was effected
by District Attorney Devlin on the
part OF the United States in section 5
OF the document, which now draws at
tenuon TO the fact that Michitsuki
Aoki, father of the boy selected as
plaintih, pays taxes in San Francisco,
although he is not naturalized sub
1ect Of the United States City Attor-
neys Burke and Baggett have reserved
Nhe rlght to alter this section in the
event OF an investig cation which they
VIII undertake into the matter Will
result IN developments that viii change
the aspects Of the facts presented The
sectlon now reads as follows:
CHANGES IN SECTION
That Kei Keichi Aoki was born in
the empire Of Japan and is a subject
thereof; that the said infant is of the
age Of ten years and three months and
IS a resident of the city and county of
san francisco. and, with the exception
or being Of Japanese descent, has the
qualifications provided by the laws of
the State OF California for admission
70 the public schools. That Michitsuki
Aoki is his father; that said father was
born in the empire Of japan, is not a
naturalized subject of the empire of
Japan, but is a resident and taxpayer
OF the city and county Of San Fran
cisco. That the above-named infant.
prior TO the adoption Of the resolution
OF the Board of Education at
tended one OF the regular public schools
OF the city and county of San Francisco.
known as the Redding Primary School,
10 which American children and chill
oren OF other nationalities were ad-
nnitted. and that after the passage of
said resolutions he was prevented from
attending said Redding Primary School
and was permitted to attend no other
public school than the said Oriental
School"
AVOIDS CHINESE QUESTION
The father Of the plaintiff, Aoki, is a
bookseller in business at 22o1 Pine
street, and has refused to allow the
boy TO attend the Oriental Public
oC4OOA since the resolutions providing
for the segregation went into effect.
Another change has been made in the
statement of facts. In section of the
original draft reference was made To
Chinese and Korean children attending
the public school in such a manner as
TO indirectly raise the question whether
or not their segregation could not be
construed as unjust discrimination if il
was so in the case of the japanese
Chinese or Koreans are not mentioned
in any manner in the same section OF
the amended document, which is notice
able throughout as the presentation OF
matter in dispute solely between
Japan and the United States.
The statement concludes with section
g. which declares that The school
authorities Of San Francisco intend to
enforce the resolutions of the Board OF