Los Angeles herald., 1906-12-08
GIVE REASONS FOR
SEGREGATION
SAN FRANCISCO BOARD MAKES
3 STATEMENT
School Authorities Declare They viii
Keep Japanese Children in sepa-
rate Schools, In Accordance
with the Treaty
Ry AssocIated Press.

BY Associated Press.
SAN FRANCISCO, Dec. 7.-The
board of education, through city At
torney William G. Burke, this after
noon submitted to United States Dis
trict Attorney Robert T. Devlin state
rnent of facts bearing on the segrega-
ton of Japanese children in separate
schools, which It is planned to make
the basis of the legal action that the
federal government is to take to test
the legality of the state statute under
which the board of education made its
ruling. The statement of facts pre-
sented TO Mr.. Devlin sets forth all the
facts and circumstances leading up to
the segregation of the Japanese and Is
In the nature of an ultimatum from the
local authorities who declare their in
tention of enforcing 1t. Mr.. Devlin
stated that It would be necessary for
him to personally verify the facts as
set forth, and said that on next Mon
day he would be ready to state whether
he could accept the statement as a
basis for legal action
Telegraphed to Washington
The statement was Immediately tele-
graphed to Washington, where it is ex-
pected that It will be considered by
Attorney General Moody. The Japa-
hese government, through it's local
CONSUL has collected a mass of data
in connection with the attendance of
Japanese school children in the schools
of this ity, some of which is at var
lance with the statistics of the board
of education. To avoid the necessity
of threshing out an enormous mass of
evidence from both sides in the courts,
the government is endeavoring to set
tie and agree with the local authorities
upon certain facts which will be con-
ceded by all parties.
The complainant in the case is to be
Japanese pupil of the age of 10 years
who has been barred from the Redding
primary school.
The United States district attorney
sEtated his intention to submit the mat
ter to the state supreme court. He
would assign no reason for choosing
this court instead of a federal court
other than an intimation that he pre-
ferred to have the matter decided by
the judiciary of the state where it is
in dispute.
Statement of Facts
SAN FRANCISCO, Dec. 7.-Proceed-
ihgs to be begun in the state supreme
court by United States District Attor-
Iley Devlin, having for their object
the setting aside of the resolutions
of the board of education which pro-
vides for the segregation of the Jap
be based on the following statement
of fact
"It is hereby agreed that the fol-
lowing facts are true;
THAT the United States entered into
an agreement with the empire of
Der %, 1894 the ratification of which
was advised by the senate with
amendments February 5, 1895, and
which was ra titled by the president
Of the United States February 10, 1895,
that ratifications were exchanged
March 21, 1895, and that the treaty
was proclaimed March 81, 1895, which
treaty is now in full force and effect.
"Section 1862 of the political code Of
California provides as follows:
Power of Trustees
Trustees shall have the power to
establish schools for Indian children
and for children of Mongolian and
Chinese descent. When such separate
schools are established Indian, Chi
nese or Mongolian children must not
be admitted into any other school ex-
dept in kindergartens at the age of
four"
I. On October IL, 1906 the board of
education of San Francisco adopted
the following resolution:
Resolved, that in accordance with
article 1, section 1862, of the school
law of California, principals are here
by directed to send all Chinese, Jap
anese and Korean children to the
oriental public schools on and after
October Is, 1906"
The document then states that a
separate school had been established
for orientals which is conducted in all
respects as are other public schools
of the same grade; that trustworthy
and competent teachers are in charge
and that the same educational privi-
leges, rights and advantages are Of
fered the oriental children as are af-
forded the children of all other public
schools.
The statement sets forth that at the
time of the passage of this resolution
there were SO Japanese children in at
tendance at the several public schools