The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-12-21
THE FACTS IN THE
SAN FRANCISCO
SCHOOL CASE
Continued from Page one).

ana AFTER the statement ldu Deel lele-
graphed to Washington Mr.. Altman
went to the Assessors office to satisfy
himself To his surprise he found that
Aoki was not "a taxpayer, notice of
which fact will be sent to Washington.
THE AGREED STATEMENT.
The following is the statement of
facts agreed upon yesterday and sent
to Washington
Whereas, a controversy has arisen
over the resolution of the Board of
Education of the city and county of
San Francisco, providing a separate
school for japanese children.
1t is agreed that in any action or
proceeding brought by the United
States Government, or by a Japanese
child subject of Japan, the following
may be used as an agreed statement
of facts, and the following facts are
admitted to be true:
First-That the United States entered
into a treaty with the empire of Japan
which was concluded November %,
1894, the ratification of which was ad-
vised by the Senate of the United
States, with amendments, February 3,
1895, and which was ratified by the
President of the United States Febru-
airy 10, 1895; that Publications were
exchanged March 81, 1895, and that
the treaty was proclaimed March p,
1895, which treaty is now in full force
and effect.
WHAT THE CODE PROVIDES.
Second-Section 1862 of the Political
Code of California among other things,
provides that "the Board of Education
or School Trustees shall have power
to establish separate schools for In
dian children and for children of Mon
golian or Chinese descent When such
separate schools are established, In
dian, Chinese or Monaghan children,
must not be admitted into any other
school,"
Third-On October II, 1906, the
Board of Education of the City and
County of San Francisco adopted the
following resolution.
Resolved, That, in accordance with
Article I, Section 1862 of the School
Law of California, principals are here
by directed to send all Chinese, Japa-
nese or Corean children to the Oriental
public school, situated on the south
side of Clay street, between Powell and
Mason streets, on and after Monday,
October 10, 1906"
ORIENTAL SCHOOL ESTABLISHED
Fourth-Prior to the passage of said
resolution the said Board of Education
of the City and County of San Fran
cisco had established a separate public
school named and called the Oriental
School," for children of Monaghan and
Chinese descent, and that at the date
of said resolution there were i'm at
tendance in the several public schools
of the City and County of San Fran
cisco ninety three (93) Japanese stu
dents, and that of said number there
were about thirty-nine $500 Japanese
students between the ages of 16 and
81 years, and all the rest were under 16
years of age, that no separate public
school has been established under said
law or resolution for the children of
any parentage other than the said
Oriental School and that the children
of all other parentage than the said
Monaghan and Chinese are not COM
PEELED to attend separate schools.
SUBJECT OF TEST CASE.
Fifth-That Kei Kechi Aoki was born
in the Empire of Japan, and is sub
ject thereof, that the said infant is
of the age of 10 years and 3 months
and is a resident of the city and county
of San Francisco, and, with the excep-
tion of being of Japanese descent, has
the qualifications provided by the laws
of the state of California for admission
to the public schools. That Michitsuki
lit l,{- 90 60
was born in the Empire of Japan, is
| not a naturalized subject of the Unit
I ed States, and is a subject of the En-
pire of Japan, but is a resident and
taxpayer of the city and county of
San Francisco. That the above named
infant, prior to the adoption of the re-
solution of the Board Of Education
above quoted, attended one of the reg
ular public schools of the city and
/ county of San Francisco, known as
the Redding Primary School, to which
American children and children of
other nationalities were admitted and
after the passage of said resolution
was prevented from attending said
Redding Primary School and was per-
mitted to attend no other public school
than the said Oriental School.
MAY NOT ENTER OTHER SCHOOLS
SiXth-In conformity with the above
quoted resolution of the Board of Edu-
cation of the city and county of San
Francisco, the above-named Kei Kichi
AoHi and all other Japanese children
subjects of the Empire of Japan and
resident within the city and county of
San Francisco and between and 81
years Of age, have been and now are
refused admission to any of the public
schools Of the primary and grammar
grades of the city and county of San
Francisco, except the said Oriental
School established for children Of Mon
golian and Chinese descent; that Jap
anese subjects are permitted to attend
any and all public schools of the city