Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1906-12-06
TEST RIGHT TO PUT JAPS IN
SEPARATE SCHOOLS

san Francisco, Dec. 5.-Under de
rect orders from washington. the rep
resentatives Of the department Of Jus
tice in California have been instructed
to begin an action in the courts and
test the legality OF the state statute
folian descent shall attend a separate
school.
President Altman Of the board Of
education yesterday received a COM
munication from u. s. District At
torney Devlin requesting conference.
that arrangements might be made to
institute suit.
This conference viii ne held at the
rooms Of the board this afternoon.
when the parties at interest will agree
as to the procedure.
School Board Stands Firm.
When the attention Of President
Altman Of the board Of education was
called to that portion Of the press
dents message made public yesterday,
he said that the uttcrances Of Presi-
dent Roosevelt on the Japanese ques-
ton would have no effect on the act
ion Of the board 1--WE are simply put
ting into effect a law which was
passed by the law making body Of the
state" said ne. Individually and
collectively each anu every member
OF the board believes that 1t Is a good
law We will not recede from the
position which we nave taken, and
believe that our action will be sustain
ed by public sentiment throughout
the state. even If the courts should
declare 1t to be unconstitutional or
violation of treaty rights"
Stand Up for State Rights.
In a further interview today Presi.
dent Altman OF the board OF education
said: with all due deferenecee to
President Roosevelt I must say that Il
surprises me that Al. the minuteness
Of detail Of information furnished
Victor III. Metcalf, who came to Sar
Francisco al the special representa-
tive Of the president in this matter
and who upon his return to Washing.
ton must have undoubtedly placed all
OF this information At the disposal Of
this country, there should be such q
display Of ignorance on the part OF
| President Roosevelt as to state In his
message that the Japanese pupils are
barred from the public schools Of this
city. This would lead people outside
Of san Francisco to believe that we
refused education to the Japanese
children. Japanese children have
not been excluded from the public
| schools Of San Francisco. The inn
| preston already gone forth that the
Japanese children were indeed exclud-
| ed from our local institutions OF
learning. arises, from the fact that q
section Of the school law OF the state
Of California providing for separate
l
put into force and effect. In other
words, far from barring the Japanese
children from the public schools Of
San Francisco the board Of education
has merely said to them; Attend this
particular school and there find the
advantages and facilities which arc
provided for our own white children
| The board of education holds that the
4 government has no authority in the
matter over the schools of California
nor any other stats. Al proof Of
this, we refer to the tenth amend-
j ment Of the constitution Of the United
States. The control Of our schools
we maintain. Is thus evidently one
Meet to Arrange Test Case.
Il In accordance with instructions re-
Il cefved from Attorney General Moody.
United states District Attorney Robert
Devlin this afternoon neld- a confer
ence in HIS Office with President
Aaron Altman Of the board of educa-
ton, City Attorney William Burke,
and Assistant City Attorneys Williams
Baggett and John Williams, to discuss
the exclusion Of the Japanese from
schools attended by whites. with q
view of arranging suit to test the state
statute which requir.s enc segregation
of children Of Monaghan parents IL
separate schools. Proceedings, tech
nically known as a controversy with
out action will be brought either ir
the supreme court of California or ir
i a federal court. The points In dis
pute were practically agreed upor
at today's conference but the draft
ing of the statement Of facts was post
poned until Friday by unanimous con
sent. Mr.. Devlin in the meantime
will communicate with Attorney Gen
eral Moody as to whether the proceed
ings shall be brought In the suprem
court Of the state or In one Of tn
, federal courts in this district. H
intimated that unless he is instructe'
. to the contrary ne win ask the highes
. tribunal OF the state for decision
Attorney Devlin said that the Who'll
!. issue resolves itself into the question
|: of whether the state statute is Il
j violation Of the treaty rights Of ia
\ pan. He is of the opinion that tn
law discriminates against the Jap
anese inasmuch as other cnildren Q
{ foreign parentage and descent are no
segregated in separate schools, where
|, as the treaty with Jajan guarantee
the japanese equal rights and priv
, ileges with the aliens from other land.
1t Is on this basis that the Unite
States district attorney IS proceeding
as only the points agreed upon wi
be submitted. An early decision
, expected from the courts.
Tempest in the Teapot"
sire to be understood as saying in tn
Japanese section of his message tha
he would use the military forces {
the United States In forcing the jar
anese into the California schools, 1
, which the white children are laugh
1t Is said to have been his purpose
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