The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-08
To AVOID CLASH
ON State s
RIGHTS
Devlin Seeks to Have Cali
fornia Courts Decide the
Japanese School Question
ROOT WANTS TO
PLACATE HOSTILITY
City's Attorneys Refuse to
Admit the Illegality of
Segregation of Asiatics


Much interest has been aroused I'm
legal circles over the determination OF
United States District Attorney Robert
It. DevIin to test the validity OF the
Japanese school segregation resolutions
of the Board OF Education I'm the State
Supreme Court.
Entering the controversy for Secre-
tary of state Root through United
states Attorney General Moody ON the
assumption that the Board of Educa-
ton has right to enact ordinances
regulating the conduct OF public
schools, DevIin still maintains that the
resolutions providing for the COM
pIained-Of segregation are vIolative OF
the treaty rights of the Japanese.
/ In view of this contention it was
/ generally understood that the matter
was one for adjudication before a Fed
eraI tribunal
/ Devlin. however, reiterated his in
tention yesterday to submit the matter
to the State Supreme Court. He would
not go into details of his reason for
I
mate that he preferred to have the
matter decided by the Judiciary of ths
State where 1T was in dispute
AVOIDING FEDERAL QUESTION
The real motive underlying the se-
I lection of the State Supreme Court.
however is believed to be explainabls
by the desire of Secretary Root. acting
| in behalf of President Roosevelt. and
sensitive of the result of certain phases
of the latter's message to escape con-
hict over the question of State and
Federal supremacy in the school segre-
cation dispute.
Authorities like Professor Louis
Hengstler of the University OF Cali
fornia. Frederick B. Coudert of New
York and Judge Peter Grosscup OF Chi
cago maintain that there can be no
doubt as to the right of California to
make it's own school Iaws-that the
question of the supremacy of the State
in matters of the kind has been es-
tablished by long line of precedents
and legal conventions.
/ Assuming this to be true. some nice
questions will be raised when the seq
regation matter is brought into the
State Supreme Court. That Devlin will
seek redress for the japanese before a
Federal court in the event OF the State
Supreme Courts deciding against them
is generally believed. but he refused TO
make any admissions on this score yes
terday.
| BASIS OF PROCEEDINGS
The basis of the proceeding TO be be-
gun in the interest of the Japanese Is
formal statement of facts drafted
yesterday afternoon at a conferences be-
tween Devlin. City Attorney William q.
Burge. Assistant City Attorneys Will
liam @. Baggett and John Williams ana
President Aaron Altman OF the Board
of Education. Devlin viii telegraph
these facts to Washington today and
await instructions from Attorney Gen.
eral Moody before formally agreeing to
them at another conference TO be held
Monday 1t is generally conceded. how
ever, that the draft made yesterday
Will remain practically unchanged and
will constitute the ground for what
will technically be designated IN court
controversy without action"
A Japanese pupil attending the Red
ding Primary School will be selected as
pIaintin for the. case. which is to be
made in the nature OF test affecting
all the Japanese that figure in the dis
pute.
CITY TAKES FIRM STAND
The statement OF facts drafted yes
terday, which are printed elsewhere in
today's Call. are distinctive for the at
Continued on Page S, Column