The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-08
TO RESORT TO STATE COURT
DevIin VIII Not Go to Federal Cour,
With Japanese Case

With Japanese Case
Proceedings to be begun In the State
Supreme Court by United States Dis
trict Attorney Deylin, having for their
object the setting aside of the resolu-
lions of the Board of Education which
provides for the segregation Of Japa-
nese attending public schools. will be
based on the following statement of
facts drafted yesterday. a single Japa-
nese being selected for the test case
to be instituted:
1t is hereby agreed that the following
THAT the United States entered
into an agreement with the Empire of
Japan which was concluded November
%, 1894, the ratification of which was
advised by the Senate of the United
States, with amendments, February 5.
1885, and which was ratified by the
President of the United States Febru-
airy 10, 1895; that notifications were ex-
changed March '21, 1895, and that the
treaty was proclaimed March 81, 1895,
which treaty is now in full force and
effect.
2.-Section 1862 of the Political Code
OF California provides as follows:
Trustees shall have the power
to establish separate schools
for Indian children and for children of
Monaghan and Chinese descent When
such separate schools are established,
Indian. Chinese or Monaghan children
school; provided that in cities and
towns in which the kindergarten has
been adopted or may hereafter be
adopted as part of the public primary
such kindergarten classes at the age of
four years
3.-On October II, 1906, the Board of
Education of the city and county of San
Francisco adopted the following resolu-
ton.
Resolved. That in accordance with
article l. section 1862, of the school law
of California, principals are hereby di-
rected to send all Chinese, Japanese and
Korean children to the Oriental Public
School, situated on the south side of
streets, on and after October Is. 1906.
4.-Prior to the passage of said reso-
luton the Board Of Education of the
city and county of San Francisco had
and called the Oriental School for
Children Of Mongolian and Chinese De-
scent. and that at the date of said reso-
luton there were in attendance in the
several public schools of the city and
county of San Francisco ninety Japa-
nese and three Koreans, and that of
said number there were thirty nine
Japanese between the ages OF 16 and 81
years; that no separate public school
has been established under said law or
resolution for the children of any pa
rentage other than the said Oriental
school and that the children of all
other parentage than the said Mon
goilan and Chinese are not compelled
to attend separate schools.
5.-That the aforesaid Oriental School
is free public school of the primary
and grammar grades established, by
law, rules and regulations governing
the establishment and conduct of all
public schools of the primary and
grammar grades in the city and county
of San Francisco; that said Oriental
School is conducted In all respects as
are the other public schools of the
same grade in the city and coun-
ty of San Francisco; that same
educational privileges, rights and
advantages are afforded the children of
said Oriental School as are afforded the
children of all other of said public
schools: that no educational facilities
are denied to the children of said ORR
entail School; that said Oriental School
is conducted under the same general
rules and with the same number of
equally competent and trustworthy
teachers with the same course of study
and with the same accommodations,
and equipment as are
enjoyed by the children of American
That the infant named in this suit
was born in the Empire of Japan and
rs subject thereof: that the said in
FAINT is of the age of 10 years and is a
resident of the city and county of San