The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-01-19
MAIN QUESTION
IS THE TREATY
Government Claims California
Is Bound to Admit lap Chill
dren to the Schools.
STATE LAW CUTS NO FIGURE
SUITS WILL sg PUSHED TO CON-
cLusIoN.

Washington. jan. lS-The United
States has begun two suits in San Fran
cisco for the purpose Of enforcing the
provisions or the treaty with Japan Civ
insatO the Japanese equal school advan-
taSrS. One of the actions is brought in
thevsupreme court OF the state OF Cali
tornia..1n the name Of a Japanese child
for the purpose of obtaining "A writ of
mandafpus 10 compel his admission to
one-of the public schools from which he
- ~eXcluded by the action OF the board
of-education. The proceeding in. the sec
ont suit rs comprehensive bill in
equity Tiled by the United States i'm the
federal circuit court i'm which the mem
bers Of the board Of education. the SUI
perintepdent Of schools and all of the
principals of the various primary and
grammar schools OF San Francisco are
made defendants.
Rights of Residence.
IN both proceedings the government
cries the execution i'm 1895 of the treaty
win Japan. which provides that "in
whatever relates to the rights OF resi-
dence and travel" the subjects OF each
party 10 the treaty shall enjoy i'm the
territories of the other the same privi-
leges. liberties and rights as citizens or
subjects OF the most favored nation
Inc state of California having expressly
provided that every school in "A district
must be open to all children of school
age resident within the said district. the
privilege Of such attendance is alleged
20 be clearly one OF the said rights OF
residence for Japanese children resident
IN that state. TO be enjoyed on the foot
ing OF the most favored nation.
Japanese Not Mongolians.
The bill alleges that the Japanese are
not in any sense ''MongOlians" but form
q separate and distinct race. and il is
asserted that for more than twenty
Years and until recently. the authorities
IN tahtornia have conceded that the Jan
anese arc not included i'm the term Mon
gohan and have admitted them to all
public schools.
In It's 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 var
ious other foreign children SO that the
japanese are not treated as the most ia
Vored nation.
Violation of Treaty.
IL is claimed by the government that
these acts constitute "a fragrant violation
or the treaty between the Emitted States
ana Japan. that. properly construed The
law or California does not Justify Them
ana that II IL does il is null and void
IN the suit brought I'm the state court
tht prayer is that the statute of Cali
f0rnia be construed. and that so much
or II as refers to separate schools fo,
thlldren OF foreign parentage may be de-
ttfmlhed 10 nave no application to chill
uren OF japanese descent. and further
that IL be declared that tho state of
Nalilornla received the grants of land ami
appropriations of money made bv the
FEDERAL government upon the trust that
tne same should be used for the ntbIic
schools OF California in conformity with
me constitution of the United States and
an treaties made by its authority. and
that no unjust discrimination should he
made against the subjects of any natio,,
win which the United States might have
entered INTO treaty stipulatiOns contrary,
10 the terms of such treaty: and also that
,ne , usSiienoahts should be enjoined from
pubic schools Of San Francisco which
they attended before the passage Of tbe
resolution of the board Of education and
that the defendants he enjoined from
carrying said resolution into effect.