Los Angeles herald., 1909-02-11


!, Following Mr. Transues explanation
many mambers spoke for or against the
I, resolution.
Albert P Wheelan, John ]. McManus
; and Charles A. Nelson of the San
Francisco delegation were vigorously
opposed to it, while J. n. o. Rech of
! Los Angeles and c. c. Young of Ala
media were in favor of the proposed
| expression. Louis w. Juilliard, Demo-
F., cratic floor leader, attacked the atti-
! tude Of the administration toward the
! legislature and demanded to know what
the Republican leaders feared that
that they should be so earnest in their
efforts to kill the bill.
Transue's Resolution
The full text Of Transue's resolution
is as follows:
Whereas. it has been represented by the
president of the United States that the passage
| Of this bill (the Johnson bilD will in some
manner undisclosed disturb the relations now
| existing between the government of the United
/ States and the government of Japan; and
| Whereas, the president of the United States
has made el1nown to this assembly. through the
governor of this state and through the speaker
| Of this assembly, his wish that said bill be not
passed; and,
| Whereas, the president of the United States
| has caused it to be represented to this body
1 that it is his judgment that said bill would
| conflict with the treaty existing between
the government Of the United States and the
government of Japan, and because of such con-
| flict the passage of such bill would be beyond
/ the power of the legislature of this state; and
| Whereas, the governor Of this state and the
speaker of this assembly have conveyed to this
| body their desire that this bill be not passed.
and,
! Whereas. it is the desire of this body to ac-
cede to the wishes of the chief executive of
this state and the speaker; therefore, be it
! Resolved, that it fitting and proper that
a statement OF the position of this assembly
upon this question be made to the end that a
mistaken impression does not result from the
| failure of the assembly to pass this bill; be it
| further
| Resolved, that such position is as follows:
Statement of Position
''First-The school system of the state of
| California is an institution of the state alone
| maintained, supported conducted and control
| led wholly under and in accordance with the
| powers reserved to the state.
| ''Second-That the power to maintain, con-
| duct and control the state school system has
not been granted to the federal government.
| ''Thrd-That the legislature of California
| may properly pass any law relative to the
school system of this state that in its judgment
may seem best
! ''Fourth-That by assembly bill No IA it is
not designed to deprive children of Indian
MCngoian Chinese or Japanese descent of
equal school privileges and opportunities, but
| on the contrary, to these there shall be given
and for these there shall be provided, the
! anne privileges and opportunities as a T. given
to and are provided for all other children.
''Fitth-That assembly bill No. IA contem-
plates the establishment and maintenance Of
separate schools for different races, but all
! schools established and maintained shall af-
| ford equal and the same facilities for instruc-
| tion.
'.sixth-That this assembly recognizes it to
! be the duty resting upon the state to furnish
to children of Indian, MongOlian, Chinese or
| japanese descent the same facilities and op-
purtunities that furnished to children or
other races and affirm that more can be
required and that nothing different is contem-
plated by said act. That said act gives no
children of Indian Mongolian, Chinese or
! Japanese descent who subjects of other
countries the. same rights and privileges as are
gwen to native born citizens of California, and
no power has the right to demand more
| ''Seventh-That this assembly is disposed to
accede to the wishes of the federal government
as conveyed to US by the governor of this state
and the speaker of this assembly, but while
doing SO. we reaffrm and reassert that the sub
iect matter of state concern falls within the re-
| serve powers of the state. and violates no pro-
vision of the federal constitution.
'Eighth-That it is the judgment of this as
sembly that said bill does not conflict with the
treaty existing between the government of the
| United States and the government of Japan.
and that, while we recognize the authority to
make treaties in the federal constitution vested
in the president and senate of the United States
we affirm that the right to administer state
school system not be controlled by treaty
made by the president and the senate of the
| United States nor by the president alone.
''Ninth-And finally while recognize that
| assembly bill No. Il is drawn and could be
passed nN I0e ieSlSidLufe OIL AllS SLdlt III IuiA
conformity with the powers reserved to the
state and vouchsafed to it by the federal gov
| ernment, we are unwilling to do aught which
may disturb the relations existing between this
government and friendly power. and for this
reason alone we recommend that this bill be
| reconsidered and withdrawn
Long Debate Follows
A long debate followed the intrOduc-
| tion of the Transue resolution, and
| when the house took a recess at 1890
| until o'clock Louis w. Juilliard, Dem
ocratic floor leader, was in the midst of
| a speech explaining why the minority
was opposed to the resolution.
Senator Marc Anthony's resolution
sustaining the position taken by United
! States Senator Perkins in the Japanese
| controversy was referred to the COM
mittee on judiciary at the suggestion
of Leroy A. Wright of San Diego.
| Concluding in the afternoon Mr.. Juil-
! lard said:
Mr.. Transue's resolution states that
| the vote on this bill should be recon-
| sdered at the request of the president
! for reasons not disclosed Why are
we not informed of the nature of this
| important state matter?
1.-THE resolution before US agrees with
! the sentiments that prompted the pas
sage of the bill. Why, then. should we
vote to reconsider? If there is any new
| information available. l am willing to
accept it before this vote is taken
| Mr.. Transue then offered to with
| draw his resolution, and the suggestion
was acted upon by the speaker. Wal
| ter Leeds moved that the vote by
which the bill passed be reconsidered,
and the final debate began.
Johnson's Speech
| Grove L. Johnson took the floor. He
! said in part:
! Il cannot see why some of the MEM
! bers of this. assembly who are heartily
| in favor of the spirit of my bill voted
against it. Mr.. Transue. Mr.. Leeds and
Mr.. Young are all in favor of it. What
are they afraid of?
- thought when | came here today /
would learn that war was threatened,
after hearing the words of our speaker
| a week ago. But there is nothing new.
( We don't know any more now than we
did before. They took me down to
headquarters last night but / didn't
hear any news there.
Il still believe that any Japanese
constitute drop of ink in a cup Of
clear water when compared TO our civil
! iZation. Perhaps you have mustered
| the required fOrty-one votes to smother
| this bill, but hope not for humanity's
| sake"
| Richard A. MeIrose spoke in favor Of
| the motion to reconsider. He appealed
| to the Republicans TO sustain the head
of the national government.
He quoted Mr.. Juilliard's statement
| to the effect that if the school bill vote
were allowed to stand it would be a
/ slap in the face of President Roosevelt
| That he said, was what the Democrats
/ favored