The Birmingham age-herald., 1909-02-05
Surprise Is Sprung By LGgis- Iatufe By Passage Japan-
 csc Exclusion Bill
ROOSEVELT SENDS URGENT
 MESSAGE ID GOVERNOR
President Declares That the Bill to Exclude laps From Schools Is the Worst of All and Should Be Vetoed By Governor.
 

Sacramento, February 4-With the defeat in the lower house today of two or the anti-Japanese measures. followed by the unexpected passage of a third Dill segregating Japanese school children in separate schools along with Chinese. Coreans and other Asatics, regarded as the most offensive measure of all. Presi- dent Roosevelt again has taken A hand Tn the anti-Japanese legislation that for the last week has drawn international attention to California. Hardly had the bill been passed by the assembly before Governor Gillett received the following message from the President:
 "J N. Gillett, Governor California.
 Your kind letter just received What is the rumor that California legislature has passed bill excluding the Japanese children from the public schools? This is the most offensive bill of all and in my judgment is clearly unconstitutional and we should proceed at once to test 1t in the courts. Can it be stopped in the legislature or by veto?
 THEODORE ROOSEVELT"
 Gillette Keeps Silent.
 The governor at once sent a reply the nature of which he declined at this time to make public and he requested from the President an immediate answer. Pending the receipt of another telegram from President Roosevelt Governor GIL lett declined tonight to discuss the action of the assembly today
 The bill passed today, which was one of three anti-Japanese measures intro- duced by Assemblyman Grove L. John son, places the Japanese in the same classification with other Asiatics and in serts the word Japanese" in the present state statute providing for the segrega- tion in separate school of Mongolian chil- dren.
 By this action the lower house of the California legislature has taken the step which the board of education of San Francisco intended to take two years ago, but which was abandoned after the board and former Mayor Eugene E. Schmitz were called to Washington and had several conferences with MT. Roose- welt. At that time it was contended by the Japanese that they were not Mon golans and they resented the efforts to place them in the same class with the Chinese, Coreans and other Asiatic races. The question was also raised whether, under the law the segregation of Jap anese school children could be enforced in the absence of specific mention of the word Japanese.
 School Boards Rule.
 Upon the return of the delegation from Washington the San Francisco school board contented itself with the adoption of a rule limiting the age of pupils that would be permitted to attend the lower grades of the public schools, one of the principal objections to the Japanese be- ing that adults were attending the pri- mary grades and were in daily association with white children of tender years.
 Unexpected was the passage of the Japanese school aggregation bill today. After the defeat yesterday of Drew s anti alien land bill which was generally be- lieved to foreshadow the rejection of all of the measures aimed at the Japanese, the defeat today of two more anti-Japa- nese bills added to the surprise occasioned by the vote on the schol segregation bill.
 Immediately upon learning of the as- sembly's action Governor Gillett called into conference Speaker Philip stanton and the republican leaders of both houses of the legislature The latter expressed the hope still of being able to defeat the measure In the assembly upon reconsider ation, and it was with this in view that Assemblyman Walter Leeds of Los An geles, after a roll call changed his vote from no to yes and gave notice that he would move to reconsider the vote of IS to 26 by which the bill was passed
 1t will require il votes to carry Leeds motion In event it is adopted, it is free ly predicted tonight that one of the iercest battles ever waged in the Cali fornia legislature will result in the effort to l,tll tho hill