The San Francisco call., 1907-01-18
Will Ask to Have Law
Changed to Fit Japanese
Legislature May Regulate Mon
eolian" Phase of Controversy

City Attorney Burke and his staff are
buckling on their armor and arming
themselves cap-a-pie for the fray The
first step to be taken by the defense
will be the introduction into the Legis-
aature Monday of an amendment to sec
tion 1852 of the Code regarding the reg
ulation Of schools. Burke is going to
Sacramento Sunday for that purpose.
In his statement of the case United
States Attorney Devlin took the stand
that a Japanese was not a. Mongolian
and therefore not excluded by the State
law. which says that "the Trustees
shall have the power to exclude chill
dren of filthy or vicious habits or chill
dren suffering from contagious or in
fectious diseases, and also to establish
separate schools for Indian children
and for children of Mongolian or Chi
nese descent. When such separate
schools are established Indian children
or Mongolian children must not be ad-
mitted TO any other school"
Burke maintains that a Japanese is
a Mongolian, but TO settle the question
he proposes to have the law amended
so as to specify that branch of the race,
and incidentally Malays and Koreans.
In an interview with The Call last
night Burke stated his views of the
matter with startling directness and
declared that II was a question of State
rights, and that the Federal Govern
ment had no right TO interfere in the
management of California's schools. He
said:
A grave situation has arisen which might not
have come up had President Roosevelt taken a
different course. Had he issued q statement
that the matter was In the hands of the State
OF California, and as 1t was purely local mat
ter, the Government could take no hand 10 IT, all
would have been well; but now we have before
us for settlement problem that is not only Of
vital interest to this State, but is bound TO have
International significance. We are determined
ground that the Federal authorities have no
Jurisdiction over them and that the constitution
gives the various States of the Union certain
rights which may, not be taken away from them.
The police power Of this State is the sovereign
power within the commonw eslth, and il need be
this power is ours TO invoke IL necessary in the
enforcement Of laws on the statute books.
A deep principle is here inrolved--the protec-
tion of little from the conta u1nating in
huence Of a low class OF foreigners who are
continually coming 10 our shores. An average
and it is depiorsbie that we should be expected
TO take these unknown visitors from the Orient
into the schools OF San Francisco just because
the United States is open TO that class of i'm
migration.
When the United States Government. acting
through Mr.. Devlin, the United States District
Attorney, first suggested conference with the
Board Of Education concerning the agitation
which had arisen because of the refusal to per-
NIT japanese children to enter the public schools
with the white children. Mr. Altmann the presi-
dent of the Board of Education requested me TO
accompany him the attorney for the board
and be present at the conference.
We met MIR. Devlin, aud he informed us that
be had been requested by the United States au-
thorities ar Washington TO get up an agreed
statement of facts as a basis for a test case
70 be presented 10 the court for the purpose Of
deciding the questions which naturally arose out
Of such refusal.
Devlin stated that II was the wish Of the
Government 10 present a case stripped Of all
technicslities and along broad lines. for the
purpose Of determining the questions involved
suggestion had been made that the State
statute did not cover the case OF Japanesa
child because japanese was not a Mongolian--
the statute using the word Mongolian instead of
Japanese. But Mr.. Devlin stated that the mat
ter wss of such great importance that no such
question should be involved in the controversy
snd that for the purposes of the case the word
Nongolian should be considered as including the
japanese
II was also suggested that some inconven-
ience might arise. and some of the Japanese
might be required TO travel greater distance
10 the separate school set apart for them IL
they were permitted to attend the public schools
generally. But In this case. as in the other
This objection was waived. II being the desire
of the Government to present the question
broadly 10 whether not the State statute
IN conflict with the treaty which exists be-
tween this Government and that of Japan.
The facts being few and simple, we readily
agreed as 70 them. and the whole agreed state
ment was telegra phed to Washington TO await
instructions 10 begin the suit.
But IL seems that Mr.. Devlin has received
of facts and TO institute suit based upon
allegations which bring into question the very
matters which were 10 be excluded towif that
japanese not Nongolians and that equal
Now, do not propose to have this great Ques-