The daily morning journal and courier., 1907-02-19

the question whether the right at is- sue was or was not given by treaty has been passei and has been abso- lutely Eliminated from this controver- sy and the proposition involved is one of cornity and public policy Such be- ing the case we are fully in accord with the view of the administration to the effect that the attainment of the ex- clusion of all Japanese laborers, skilled or unskilled, should not be complicated with or endangered by the exercise of the right of segregation by the school board, authorized by section No. 1862 of the political code of the state of California
 As q condition to the modification of said resolution we respectfully insist that the legal proceedings heretofore. instituted be dismissed forthwith, and that 1t is expressly understood that we have not conceded and do not concede, or intend to concede, that our action was in violation of any of the stipula- tions of the treaty between the United States and Japan, but on the contrary we do claim and assert that if any stipulation in said treaty containei is inconsistent or conflicts with tho power and authority given by section No 1862 of the political code of tho state of California, then so far as said treaty attempts to oircumseribe or prevent the board of education from regulating its 'own school board affairs, as an exercise of local police power such provisions in suoh treaty are nugatory and void. Pursuant to the foregoing statement, it is proposed by the board of educa- ton of the city and county of San l Francisco to modify the order segre- gating the Japanese public school ohil- dren of San Francisco heretofore made by the resolution of said board, adopted on tho eleventh day of october, 1908, by amending said resolution to read in words and figures as follows, 10 wit:
 "Section r. Children of all alien races who speak the English language in order to determine the proper grade in which they may be entitled to be enrolled, must first be examined as to their educational qualifications by the | UIlHClpdl pl lllN CNlbbl NliOlN tfAt etii~ plication for enrolment shall have been made.
 "Section IT. That no child of alien birth over the ages of g, 10, Ii, F, 13. IA, 15, IS years shall be enrolled in any of | the first, second, third, fourth, fifth, sixth, seventh or eighth grades respec- lively.
 Section H. If said alien children shall be found deficient in their ability to speak or deficient in the clements of the English language, or unable to at- l tend the grades mentioned in section lII, by reason of the restrictions men toned therein such children shall be enrolled in special schools or in special classes established exclusively for such children as and in the manner the board .of education shall deem proper and most expedient. "
 Assistant City Attorney Williams of San Francisco, who has acted as legal adviser to Mayor Schmitz and the board of education since negotiations have been pending in Washington to- night said: "To understand the exact meaning of the statement given out by Mayor Schmitz tonight it will be nee essary for the newspaper men to read between the lines. The only conces. sion we have made is to admit Japan. ese children to the white schools while the administration has brought about { the exclusion of Japanese laborers iron this country"
 Mayor Schmitz said: This is onl, temporary agreement. Presiden Roosevelt has given Us direct and pos itive. assurances that he will at once begin negotiations with Japan for tht purpose of bringing about a new treaty
 that will exclude Japanese laborers skilled and unskilled, from continenta United States
 Shortly before midnight the follow
 ing statement was given out at tn White house:
 "A typewriter copy of Mayo
 Schmitzs statement was submitted t, President Roosevelt and Secretar,
 Root by the Associated Press and tn
 statement is entirely satisfactory t them"