Omaha daily bee., 1906-12-06
IAPS' RIGHTS TO BE SHOWN
Government VIII Institute suit in
Court to Test California
school Law.

SIN FRANCISCO. Dec. Sin accord
auce with instructions received from At
torney General Moody United states Dis
trict Attorney Robert r. Devlin this aft
ernoon held a conference In his Office with
Aaron Altman, president Of the Board of
Education; City Attorney William G. Burke
and Assistant District Attorneys William
Baggett and John w. Williams to discuss
the exclusion Of japanese from schools at
tended by whites, with a view Of arranging
suit to test the state statute. which re-
qulres the segregation Of children of Mon
golian parentage in separate schools.
Proceedings technically known as ''contrO-
versy without action" viii be brought
either in a court of California Of in a
federal court.
The points In dispute we're practically
agreed on at today's conference, but the
drafting of the statement of facts was
postponed until Friday by unanimous con-
sent. Mr.. Devlin in the meantime will com
municate with Attorney General Moody
as to whether the proceedings shall be
brought in the supreme court of the state
or in one of the federal courts Of this dis
trict He intmated that unless he Is in
structed to the contrary he will ask the
highest tribunal Of the state for a decision.
Mr.. Devlin says that the whole issue re-
solves itself into the question OF whether
the state statute is in violation Of the treaty
rights OF Japan. He is OF the opinion that
| the law discriminates against the japanese
inasmuch as German, Irish and other chill
dren of foreign parentage and descent are
not segregated in separate schools, whereas
the treaty with Japan guarantees the Jap
anese equal rights and privileges with the
. liens from other lands.
de- haa ha
= ct attorney is proceeding and as only
i points agreed upon will be submitted
an early decision is expected from the
courts.
| When the attention Of President Altman
was called to that portion Of the president S
message made public yesterday, he said
| that the utterances OF the president on the
japanese question would have no effect on
the action Of the board. I'VE have simply
put into effect a law passed by the law
making body OF this state" he said. In
dividually and collectively, each and every
member Of the board, believes that II is a
good law We will not recede from the
position which we have taken. and believe
that our action will be sustained by public
sentiment throughout the state, even II
the court should declare It to be uncOn-
stitutonal or violation of treaty rights. -
WASHINGTON, Dec. 5.-Inquirv today
disclosed the fact that the legal proceed
ings to be taken in San Francisco by the
| United States district attorney in the mat
ter Of the admission of Japanese to tht
public schools of that city without dis
elimination were inspired by Secretary
Root, who expressed the opinion that 4
would be one way OF effectually disposins
of the controversy. That the president
views on the subject met with the hearty
approval of the Japanese government wal
made evident today when Viscount Aoki
the Japanese ambassador, said that he haS
personally thanked the president for wha
he had said
AFunor that a new treaty Between ~
United States and Japan was 70 be negoti
ated, designed to remedy any defects II
the one now in force. was set at rest toda!
when both Viscount Aoki and Secretar!
Root unequivocally denied that such
thing was now in contemplation.
TOXIC, Dec. 5.-The clear, firm and de
termined attitude OF President Roosevelt
in his message in reference to the Sal
Francisco school question and anti-Japa
! nese sentiment is warmly praised. It I
felt that however much the San Francisc
school authorities may be affected by loca
sentiment, they can only yield 20 the mora
weight which President ROOsevelt's mes
/ sage carries.