Arizona republican., 1906-12-08
CLEARING THE GROUND
 FOR A LEGAL BATTLE
A SimpIificatiOn of the Test to Be Made
 of California School Law
A Statement of Agreed Upon Facts On Which the
 the State

San Francisco. Dec. 7.-The proceed ings to be begun in the state supreme court by United States District Attor- ney Devlin, having for their object the setting aside of a resolution of the board of education which provides for the segregation of Japanese attending the public schools will be based on an agreed statement of facts:
 The statement was immediately tele- graphed to Washington, where it is expected it will be considered by At tOrney General Moody.
 The Japanese government through it's local consul. has collected a mass of data in connection with the attendance of Japanese school children in this city, some of which is at variance with the statements of the board of education. To avoid the necessity of threshing out the enormous mass of evidence from both sides in the courts. the govern ment is endeavOring to settle and agree with the local authorities upon certain facts which will be conceded by all the parties. The complaint in the case is that Japanese pupils of the age of ten years have been barred from a primary school.
 The United States district attorney stated that it was his intention to sub init the matter to the state supreme court instead of the federal court. He would assign no reason for choosing this court instead of the federal court. other than that he preferred to have it decided by the state in dispute.
 The proceedings will be based on the following facts:
 It is hereby agreed that the follow ing facts are true;
 That the United States entered into an agreement with the Empire of Jap an, which was concluded in Nov. 1904. and which treaty is now in full force and effect.
 Section 166 of the political code pro dides as follows: The trustees shall nave power to establish schools for Indian children. for children of Mon- golian or chinese descent. When such separate schools are established, Indian Chinese or Mongolian children must not be admitted into any other school eX- cept kindergarten at the age of four. On Oct. II. 1906. the board of educa- ton of San Francisco adopted the fol- lowing resolution. Resolved. that in accordance with the school law of the state of California, principals are hereby directed to send all Chinese, Japanese and Korean children to Ori- ental public schools on and after Oct. 18th, 1906.
 The document then states that sepa- rate schools had been established for Orientals. and which are now conduct ed in all respects as are other public schools of the same grade; that trust worthy competent teachers are employ ed; that the same educational privi- leges are offered the Oriental children as are afforded the children of all oth- CT public schools.
 The statement sets forth that at the time of the passage of this resolu- ton. there were eighty-three Japanese children in attendance at the several public schools. thirty-nine of whom were between the ages of 16 and 2l years. The admission is made that the children of all other foreign parent age other than Orientals are not se- gregated in separate schools.
 The document continues: "Ths United States joins in this statemen: of facts for the purpose of enforcing so far as it has to do. its obligations to the empire of Japan arising from the treaty offering to children of Jap anese descent of all ages. such priv ileges as are given to the children Oi