Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-19

comprehensive bill in equity filed by the
United States in the federal circuit court,
in which the members of the Board of
Education the superintendent of schools
and the principals 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 I'm whatever re-
lates to the rights of residence and travel"
the subjects of each party to the treaty
shall enjoy in the territories of the other
the same privileges, liberties and rights
as citizens or subjects of the most favored
nation" The state of California having
expressly provided that every school
in a district must be open to ALI 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 children resident
in that state. to be enjoyed on the footing
OF the most favored nation.
The bill alleges that the Japanese are not
in any sense ".Mongolians," but form
separate and distinct race, and it is as
serted that for more than twenty years,
and until recently the authorities in Cali
fornia have conceded that the Japanese are
not included in the term Monaghan" and
| have admitted them to all public schools
In its petition the government also sets
| out that japanese pupils are allowed to
attend the high schools and other schools
| than those of the primary and grammar
grade without discrimination, and that no
such discrimination is exercised against
| German, French, Italian or various other
foreign children, so that the Japanese are
not treated as the most favored nation.
| It Is claimed by the government that
these acts constitute a fragrant violation
| OF the treaty between the United States
and Japan, and. that properly construed,
the law OF California does not justify them,
and that II It does, II is still null and void.
| In the suit brought in the state court
| the prayer IL that the statute of Cali
| fornia be construed and so much of Il
as refers to separate schools for children
of foreign parentage may be determined to
have no application to children OF Japanese
descent and further that II be declared that
the state of California received the grants
Of 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 with the constitution
| OF the United States and all treaties made
| with its authority, and that no unjust dis
elimination should be made agains the sub
| jects OF any nation with which the United
States might have entered into treaty stipu-
lations contrary to the terms of such treaty
and also that the defendants should be en-.
Joined from excluding the japanese pupils
from the public schools OF San Francisco
which they attended before the passage OF
the resolution Of the Board of Education
and that the defendants be enjoined from
carrying said injunction into effect.
school Board Preparing Answer.
SAN FRANCISCO. Jan. B-Since the re
fusal yesterday by Mary A. Deane. prin
cipal of the Redding school, to admit tn
japanese boy Aoki, and the subsequen
serving of a writ Of mandate on he
by the attorneys for the Unite.
States government the test proceedings. in
solar as the United States district attor
ney's office is concerned. are at a stand
still. The government officials are nov
awaiting the next move, which is to b
made by the Board OF Education. Tn
board and Miss Deane were served with
writ of mandate and also a writ In equit,
yesterday. and documents filed in the Cali
fornia supreme court and in the Unite
States circuit court II is expected tn
Board Of Education and all others inter
ested in that side of the case will be pre-
pared to nile their answer within a FEY
days and definite action will be begun b
them early next week.
state Attorney General to Assist.
SACRAMENTO. Cal. Jan. lS-A con
current resolution was introduced In the lea
islature today touching on the admission
Japanese into the public schools OF Sa
Francisco and the action brought In IN
federal court in the matter. The resolu
ton calls upon the attorney general {
the state TO appear In the actions brough
IN the courts. and he is to assist N
authorities Of the city and county OF sa
Francisco In defense Of the action.
In the assembly the concurrent resolI
tion was made special order OF bushes
for tomorrow.