Los Angeles herald., 1909-02-05

SACRAMENTO, Feb. 4.-Receipt of d
telegram from President Roosevelt by
Governor Gillett today after the bill in
tToduced by Grove L. Johnson, segre-
eating japanese children from white
ones at public schools, had been de-
feated in the assembly by vote of 48
TO 26, was the all-etbsorbing topic Of
discussion in state house circles. The
telegram follows:
WASHINGTON, D. c., Feb. T. 1909
'J. n. Gillett, Governor of California:
Your kind letter just received. What
is the rumor that the California legis-
lature has passed bill excluding the
Japanese children from the public
schools? This is the most offensive
bill of all, and in my judgment is clear
ly unconstitutional, and we should at
once have to test it in the courts. Can
it be stopped i'll the Legislature or by
veto?
THEODORE ROOSEVELT"
The governor at once sent a reply,
the nature of which he declines at this
time to make public, and requested of
the president an immediate answer,
which probably will be received to-
night Pending the receipt of Roose-
velt's message, Gillett declines to dis
cuSS the action of the assembly today.
In his message this afternoon the
president declared the school segrega-
tiOn measure was the most offensive
of the four anti-Japanese bills intro
duced, and said in his judgment it was
clearly unconstitutional, and the fed
eral government would have to test it
in the courts. In conclusion he asked
. the governor if it could not be killed
either in the legislature or by veto.
Consultation Held
Immediately after learning Of the as
semblys action, the governor called
the leaders of both branches of the
Legislature. They still have hopes of
beating the bill in the assembly.
After roll call on the measure Walter
Leeds of Los Angeles, one of the
staunchest opponents of all anti
Japanese legislation, changed his vote
from No to Aye in order that he might
give notice that tomorrow he would
move to reconsider the vote by which it
was passed.
The vote today was 46 for and 2e
against, and the first problem of the
house leaders and the governor is to
secure enough votes four), a majority,
to carry Leeds motion.
In the event the motion is adopted it
is predicted by the foes of the measure
that one of the fiercest battles ever
witnessed in the California legislature
will result in the effort to kill it.
The assembly debated all day on the
three anti-Japanese bills. The first
one taken up, preventing aliens from
being members of boards of directors,
was beaten easily, the vote standing
54 to Is.
The next, providing for the segrega-
tfon in residential districts of all un-
desirable aliens, resulted in tie vote,
81 to 81, the measure being defeated by
four votes short of a majority.
Will Reconsider Action
Johnson OF Sacramento, it's author
changed his vote from aye to no in
order that he might give notice of re-
consideration.
Following is the full text of the
Section l. Section 1862 of the po-
liticaL code is hereby amended so as
to read as follows:
''1662-Every school, unless otherwise
porvided by law must be open for the
admission of all children between
and q years of age, residing in the
district, and the board of school trus-
tees or city board of education have
power to admit adults and children not
resident in the district, whenever good
reasons exist therefor Trustees shall
have the power to exclude children of
filthy or of vicious habits or children
suffering from contagious or infectious
diseases, and also to establish separate
schools for Indian children and for
children of Mongolian or japanese or
Chinese descent. When such separate
schools are established Indian, Chinese,
Japanese or Mongolian children must
not be admitted into any other school;
provided that in cities and towns in
which the kindergarten has been adopt
ed or may hereafter be adopted as part
of the public primary schools, children
may be admitted to such kindergarten
classes at the age of years; and pro-
vided. further, that in cities or school
districts in which separate classes have
been or may hereafter be established
for the instruction of the deaf. chill