Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1906-12-08
PREPARE TEST
JAPANESE CASE.
6oyuIune1t and Sta1e Are
trimming latter hswl
To tie Facts

| To TIE Facts
| San Francisco, Dec. 7-ThG beard
Of education,. through City Attorney
william q. Burke this aftarnOon.
submitted to, United States District
ATTORNEY, Robert Devlin q statement
| OF the. facts hearing on the seEregA-
ton of Japanese children in separate
schools; which it 10 planned to- make
the basis of the local action that the
| federal government is to taxa. to test
the legality of the state statute un-
der which tina board Of olalcAtfcn
made. its ruling. The statement of
facts presented to Mr.. Devlin sets
forth all the facts and conditions
leading up to the segregation Of
the Japanese and Is in the nature Of
ties. who declare their Intention Of
enforcing 1t. The proceedings will
be based ON the following facts.
It is hereby agreed thar the, fol-
Lowing facts are true: That the
United States entered into an agrees
ment with the empire Of Japan
which was concluded November %,
1884, the ratfication OF which was
advised by the senate with amend
ments February s. 1895, and which
was ratified by the president Of the
United States February is. 1895.
That rafificatfOns were exchanged
March II. 1885. and that the treaty
was proclaimed March. n, 1895.
(which treaty Is now in full Force and
feffect. section 1862 Of the penal code
lof California provides ~ follows:
4 W1hat the state .kas q.
4 Trustees shall have. the power to
establfsh schools for Indian citizens
IChinaGe descent. When such separ-
ate schools are established. Indians
lChinese or Mongolian children must
not ~ admitted intn, any other
school except in kindergartens at the
stoQa OF four ME- n
I On october IL, laa8, the board a
education OF san Francisco adopted
the following resointi5zn: u
Resolved, that IN accordance wittAl
PARTICLE 1, section 1852 Of the school
flaw Of California;. principals aHs
Japanese and Kere4n children to- the
tostental public school on and aetel
October Is, 1901" siss
The documenk then states that .
tseparate school, should be established
for orientais wlhieh IL conducesd In
IAN respects az are other public
schools Of the sags1e grade; thah trust
worthy and cOonpetent teach1ss 6re
Iin charge. ord that the same educa.
itional privileges rights and Adv4nt.
lagos are oflered the oriental children
las are ameeded the children Of al
Iothcr puhafc schools.
| 81 M ooko nrAA hot a.
1.-THE time Of the passage OF this reso,
luton there were 90 Japanese chif
loren in attendance at the several pub,
iic schools, 80 of which were between
the age OF rs and q, years. The ad-
mission is made that the chiidreH OF
lall other foreign paPentage other
than oriental, are not segregated II
separate schools.
legal Questions Presented
The United Gtates joins In thi.
statement OF facts for the purpose o.
enforcing so far as 1t has power 4
do, its obligations to the empire Of
Japan arising from said treaty and
o. securing to the children Of Jap,
anese descent the same educationa
advantages as are given to children
of English. German. French, Italian
and other European parentage. ant
loL preventing dtpy ClSCflIuludtlOn De
ling exercised against the children o
Japanese descent. subjects Of the EN-
Ipire Of Japan.
The legal question presented TO
determination Is:
Whether said ordinance of tn
board of education and the statute OF
which 1t Is based Is or are within IL
self or within themselves. or in It
use or thGr operation, violative O
the rights secured to the subjects o
the empire of Japan by order an
Virtue Of the treaty herein above re
ferred to. and whether said defend
ant has been deprived of the sam
educational rights and privileges q
the children OF English. German
Italian or of other European parent
lage. citizens of these respective gov
lernments and residents in the cit
lerd county. OF San Francisco an
whether said resolutions and statut
lcreate any discrimination againa
Chinese, Japanese and Korean chill
dren such as Is violative Of the treat
ebove referred to.
2. Whether said treaty, in 40 IA
as it relates to the subject matter Q
this controversy II it does SO relate
Is valid.
FACTS Sent to Washington.
Mr.. Devlin states that It would b
necessary for him to personally verif
the. facts as set forth and said tina
on next Monday he would be read
to state whether he could accept tn
statement as a basis for legal actor
The statement was Immediately tele
graphed to washington, where
Is expected that 1t will be considere
J. by Attorney General Moody. Tn
Japanese government, through its 10
cal consul, has c6ngregateda a mas
of data In connection with the al
tendance Of japanese school childre
in the schools Of this city. some Q
!. which is at variance with the statistic
of the board Of education.> To ayoi
the necessity OF threshing out a
enormous mass of evidence from bot
!. sides in the courts. the government !
endeavoring to agree with the loca
authorities upon certain facts wnic
will be conceded by all parties. Tn