Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-19
SCHOOL RIGHTS
OF JAP CHILDREN
United States Contends That in
California Are Same as
Those Of Americans.
ARE GUARANTEED BY TREATY.
In suit FILED Claim Set up That the
Japanese Are Not Mon
gollans.

Washington Jan, lS.--The Omitted
States has begun two suits in san
Francisco for the purpose of enforcing
the provisions of the treaty with Japan
giving to the Japanese equal school adj
vantages. One of the actions is
brought In the supreme court Of the
state of California, In the name OF u
Japanese child for the purpose of OBJ
tanning Il writ of mandamus TO compel
his admission to one OF the public
schools from which he is excluded by
the action of the board of education.
The proceeding In the second suit is a
comprehensive bill in equity filed by
the United States in the federal cir
suit court, in which the members of
the board of education. the superin-
tendent of schools and all of the prin-
cipals of the various primary and
grammar schools Of San Francisco are
made defendants.
In both proceedings the government
cites the execution In 1895 of the treaty
with Japan, which provides that "in
whatever relates to the rights of resi-
dence and travel" the subjects of each
party to the treaty shall enjoy IN the
territories of the other "the same priv
ileges, liberties and rights as citizens
or subjects of the most favored nation
The state OF California having express
ly provided that every school in a dis
trict must be open to all children OF
school age resident within the said dis
trict, the privilege of such attendance
is alleged TO be clearly one of the said
rights of residence for Japanese chill
dren resident In that state, to be en-
joyed on the footing of the most ia
vored nation.
The bill alleges that the Japanese are
not In any sense "Mongolians," but
form a separate and distinct race, and
1t is asserted that for more than 20
years. and until recently. the authori-
ties in California have conceded that
the Japanese are not included in tho
term Monaghan" and have admitted
them to all public schools.
In it's petition the government also
sets out that Japanese pupils are al
lowed TO attend the high schools and
other schools than those of the primary
and grammar grade without discrim-
ination and that no such discrim-
nation is exercised against German,
French Italian or various other foreign
children, so that the japanese are not
treated as the most favored nation.
1t is claimed by the government thar
these acts constitute flagrant viola
ton of the treaty between the United
States and Japan. that, properly con-
strued. the law of California does not
justify them, and that. If II does, II Is
null and void,
In the suit brought in the state court
the prayer is that the statute of Call
fornia be construed, and that SO much
of II as refers to separate schools for
children Of foreign percentage may be
determined to have no application To
children of Japanese descent, and fur
Their that 1t be declared that the state
of California received the grants or
land and appropriations of money
made by the federal government upon
the trust that the same should be used
for the public schools of California in
conformity with the constitution or the
United States and all treaties made by
its authority and that no unjust ais
elimination should be made against the
subjects of any nation with which the
United States might have entered into
treaty stipulations contrary to the
terms of such treaty; and also that the
defendants should be enjoined from
excluding the Japanese pupils from the
public schools of San Francisco which
they attended before the passage OF tne
resolution of the board of education,
and that the defendants be en1oined
from carrying said resolution into ef-
feet.
PROCEEDINGS AT A STANDsTILI~
San Francisco, Jan ls.--Since the re
fusal yesterday OF Principal Mary, q.
Deane of the Redding school, to admit
the japanese boy Aoki, and the. suose-
quent serving of a writ of mandate on
her by the attorneys Tor the uhltsu
states government the test proceed
ings, in so far as the United States dis
trict attorneys Office is concerned, are
at a standstill. The government ON
cials are now awaiting the next move:
which is 10 be made by the board OF
education. The board and Miss Deane
and also writ in equity YESTERDAY
afternoon and documents filed IN the
California supreme court and In the
tinted states circuit court. II is ex,,
pected that the board OF education ,It ana .na
caee viii he prepared to file their an
swer within a few days, and definite
action viii be begun by them early
next week.