The San Francisco call., 1907-01-18

by taxes levied upon all property in
the State; but the Government alleges
that it also, in part, supports the
schools OF California, and for that pur-
pose in 1853 made grant of over
5000, 600 ACRES of public lands, and has
also made large grants of other lands
for purposes of education, and IS re-
Gently as June p, 1905, passed an act
giving to the State of California per
cent of the net proceeds Of the cash
sales Of the public lands therein made
by the United States since the adrnis-
sion of said State, to aid in the support
of its common schools. The bill al
leges that, in conformity with the
provisions of this act. the sum of $685.
ury of the United States for payment,
and of this amount the sum of $42S,-
27L61 has been paid, and the balance
will be paid in due course of admins
tration. The Government charges that
the provisions made by IL for the bene-
ft Of California could be rightly made
and were made in fact only with the
understanding and intent that all
schools or other institutions to be bene-
fitted thereby would be conducted in
conformity with the constitution OF the
United States and with all treaties
made by the authority of the United
States, which treaties, II is emphau-
cally affirmed. constitute the supreme
law of the land. anything in any State
constitution or law TO the contrary not
withstanding.
The school system OF California, it is
alleged, forms a continuous chain OF ed
ucational establishments from the pri-
mary school to the university, and Cal
ifornis has at various times prescribed
the qualifications for admission to her
public schools. In the bill in equity it
is set out that formerly separate
schools were provided in California for
native-born white and colored children;
that afterward the word white" was
stricken from the statute, and In a
case brought in California. it was held
that Chinese children born in Califor-
MIA were entitled to admission to all
the public schools. For the purpose
of preventing this the section was
amended by declaring that the Board
of Education might provide separate
schools for children Of Monaghan or
Chinese" descent At that time there
were few japanese children in Cali
fornia, and this amendment was made
only to prevent the admission of Chi
nese children to the schools. The bill
alleges that the Japanese are not in
any sense "Mongolians, but form q
separate and distinct race, and it is
asserted that for more than twenty
years and until recently the authori-
ties in California have conceded that
the japanese are not included in the
them 10 all the public schools. IT is
further shown IN these suits that the
conhagration which prevailed in San
Francisco on April Is and several days
following impaired the means of trans
portation and made ii more difficult
than II had previously been for pupils
70 attend schools a long distance from
their respective residences. A map is
attached 70 the various pleadings,
showing the location Of the Oriental
school and the other schools of San
Francisco and the residences of the
Japanese pupils.
POINTS OUT HARDSHIP
The resolution providing for sending
Japanese children TO the Oriental
school was passed on October H. 1906.
At that date there were ninety three
grammar schools Of San Francisco, of
whom twenty-five we're born in the
United States and sixty-eight in Japan
Only those born in Japan are claimed
10 be protected by the provisions of the
treaty In the proceedings the Gov
ernment makes no charge that the ORR
entail school is inferior in its provision
of teachers or their compensation its
character of instruction given to the
schools OF the same grade attended by
pupils OF other parentage, but IL claims
and charges that TO compel ali of the
children of japanese descent thus to
attend a single school. without regard
TO the places of their respective resi-
dences or TO their convenience, solely
by reason of their race or descent is
a hardship and discrimination against
all of them and violates their legal
rights under the said treaty. and the
Government also sets out that Japan
ese pupils are allowed to attend the
high schools and other schools than
those OF the primary and grammar
grades without discrimination and
that no such discrimination is exer-
cfsed against German, French, Italian
or various other foreign children. so
that the japanese are not treated as
the most favored nation. It 1t claimed
by the Government that these acts
constitute a flagrant violation of the
treaty between the United States and
Japan: that properly construed. the law
of California does not justify them;
and that. IL it does, it is null and void.
DEFINES THE SUIT
In the suit brought In the State
court the prayer is that the pupil be
admitted 10 the school which he for
merly attended. and I'm the bill In
equity filed by the Government in the
Federal court the prayer is that the