The San Francisco call., 1907-01-18
Formal Steps Taken by Government to Compel City
to Admit japanese to Public Schools
Bonaparte Likely
to Take Hand
in the Case

Formal steps were taken yesterday
by the United States Government TO
compel the City of san Francisco 10 ad-
INIT japanese pupils into any schools
of the municipality they may choose 10
enter. The proceedings were threefOId
in their nature. JHirst. keikichi AOkf,
n IO-year-oId Japanese scholar. made
application for admission 10 the Red
ding primary school and his request
was denied ny Miss VI. A. Deane, the
principal. on the ground that the State
law required pupils of MOngOlian de-
scent 10 attend the Oriental school. This
ceremony vvns gone through preNf-
ously arranged. The second step was
TIE fling Of petition in the State
Supreme Court by the father of AoLi
and the United states Government, ask-
ing thnt Miss Deane be cited 10 appear
80 show cause why she should not ad-
mss the Japanese pupil. The third step
tbe hIing of suit IN equity in the
Unlted States Circuit Court I'm which
the Government names defendants
the San Francisco Board of Education,
tise Superintendent OF schools and prin-
cipals OF all the primary and grammar
schools in the city. In this suit. as I'm
the other. THE Government alleges that
under the treaty with Japan, San Fran
cisco has not the right 10 establish
separate schools for Japanese.
AGREEMENT DISREG EGARDED
The steps taken yesterday were the
commencement Of litigation TO decide
one OF the greatest constitutional oues-
tions which has ever come before the
country. One new contention was put
forward by the Government. IT claims
that in accepting Federal land for
school purposes the State of California
agreed TO conduct its educational in
stitutions in accord with the consti-
tuition and treaties OF the United
States.
The case for the Government is being
conducted by United States District At
torney Robert r. Devlin. under the
supervision Of Attorney General Bona
parte. San Franeisco's case will be
conducted by City Attorney William @.
Burke. II is stated that the Govern
nent considers the question of such
importance that Attorney General
BOnapsrte may come to the coast TO
take personal charge.
There is feeling in the Office of
the City Attorney that the Govern
ment officials have broken faith. II
will be recalled that an agreement of
facts was reached some weeks ago at
a conference between United States At
torney Devlin and City Attorney Burke.
BY the terms Of this agreement the
Government was not to put forward
the contention that the Japanese were
not Mongolians and, were not to urge
the question Of inconVenience of travel
TO the Oriental School. The intention
was TO strip the case down to the real
issue-how far, IL at all, the treaty
with Japan affects the right Of Cali
fornia TO run its own schools. The
Government, however, has disregardeo
the agreement and has included in its
allegations the claim that the japanese
are not Mongolians and that the loca-
tion OF the Oriental School makes il
hardship to require the Japanese to
attend. City Attorney Burke was out
spoken in his censure of the Govern
ment officials in thus disregarding the
agreement.
EXACT ISSUE INVOLVED
Boiled down, the Government case
rests upon that section 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 privi-
leges. liberties and rights as citizens
or subjects Of the most favored nation
II not before, the case viii come up
for argument on February II, when
Miss Deane Of the Redding School must
appear before the State Supreme Court
10 show cause why she should not admit
Aoki TO her school AS the contentious
Of the Government are identical in
both cases. a decision in either one is
sufficient 10 determine the issue.
Little Aolci was accompanied TO the
Oriental School yesterday by George
Clark, q deputy in United States At
tornev Devlin's Office, and .. s. Rich
ardson. foreign secretary in the Japan
ese consulate. President Altman and
Director Walsh OF the School Board
were also present The little Japanese
is 8 bright lad. the son OF bookseller.
He resides at 1921 Laguns street
II was stated by City Attorney Burke
last night that II the Government per-
sisted in its contention that the Japan
ese were not Mongolfans he would have
q bill introduced in the Legislature
specially including japanese among
those who may attend none other than
the Oriental school