New-York tribune., 1907-01-19
JAPANESE TEST SUITS
1'zco Federal Actions Begun an San
Francisco.

Washington, Jan ls.-The United States has be-
gun two suits in San Francisco for the purpose OF
enforcing the provisions Of the treaty with Japan
giving equal school advantages TO the Japanese
One of the actions is brought In the Supreme Court
Of California in the name Of japanese child for
the purpose of obtaining a writ OF mandamus to
compel his admission to of the public schools
from which he is excluded by the action of the
Board of Education The proceeding in the
ond suit is comprehensive bill in equity filed by
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
primary and grammar schools of San Francisco
made defendants.
In both proceedings the government alleges the
execution of the treaty with Japan in 1895 which
provides that in whatever relates 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 subjects of the most favored nation
The State of California having expressly provided
that every school in district must be open to all
children OF school age resident within the said
district the privileges of such attendance Is aeseo
TO be clearly OF the said rights or residence
for Japanese children resident in that state to De
enjoyed the footing of the most favored nation
The bill alleges that the Japanese are not IN any
sense ''MOngoians,' but form a separate ana as
tinct race. and it is asserted that for more than
twenty years and until recently the authorities IN
California have conceded that the japanese are not
included in the term 'MOngolian' and have ad-
mtted them TO all the public schools
The government also forth in its petition
that japanese pupils are allowed attend the
high schools and other schools than those OF inc
primary ana srammar grsGeS is Exercised
against German. French. Italian or various otheT
foreign children, so that the japanese are Ho'
II is asserted that these acts oonsitGte H1S[1n ;
a!oiA9on OF the ueaty strSad @ the law of
California does not justify them. and that II II
In the suit brought in the Court the prayer
Is that the pupil be admitted TO The schooi "nicIi
he formerly attended. and in the bill In equity lieu
in the federal court the prayer is that me STATUS
refers separate schools for children OF foreign
parentage may De qeteFnned nt 20 nav and nd fprther
that it be declared that the State of California re-
money money s made by the FEDERAL S
trust that the should be used b 9F thS me o
stution OF the United States and all treaties made
should be made against the subjects of nation
with which the United States might nave s Sntsr@f M
treaty and also that the defendants should be
Re psSo dFG@ scheo of Sam WHEN they
attepded before the passage Of TN the ss
resolution into effect.
The bill in equity sets forth that the State Of
California in its constitution provides for general
system Of education but the government alleges E
forne. and for that purpose in lS5S. made grant
also made large grants of other lands for purposes
OF education, and as recently as June -, i@o.
& % SeT oI n6 Ie rP ne a b 6 the tbe United States
since the admission of said state to aid in the sup
port of its common schools. The government
charges that the provisions made by II for the
were made I'm fact-only with the understanding
intent that all schools other institutions to
be benefited thereby should be conducted In con-
formity with Constitution of the United States
and with ali treaties made by the authority OF the
United States. which treaties. II is emphatically
affirmed. constitute the supreme law Of the land
anything in any state constitution or law to the
contrary Notwithstanding
II IS also set out that formerly separate schools
provided in California for native born white
and colored children: that afterward the word
white was stricken from the statute. and IN
brought in California il held that Chinese
children born in California entitled 10 ad-
mission 10 all the public schools To prevent this
the section was amended by declaring that the
Board Of Education might provide separate schools
for children OF Monaghan Chinese descent.
At that time there were few japanese children .n
prevent the admission OF Chinese children 70 the
schools
II is further shown ir these suits that the fire
which prevailed In San Francisco on April IS anc
for several days following impaired the means OF
transportation. and made IL more difficult than II
had previously been for pupils TO attend schools
The resolution providing for sending Japanese
children 10 the Oriental school passed on Octo
Der il, 1906. At that date there 90 Japanese
pupils attending primary and grammar schools os
san F'rancIsco of whom % were born in the United
States and 6S in Japan Only those born In Japan
are said to be protected by the provisions Of the
treaty. In the proceedings the government makes
no charge that the Oriental school is inferior In
fits provision OF teachers their compensation, It's
accOmnodat tions and equipment the character
of instruction given in the schools Of the same
charges that compel all the children OF Japanese
descent thus attend single school, without re-
gard TO their places of residence to their con
venence solely by Of their race or descent,
them and violates their legal rights under the
treaty.