Los Angeles herald., 1909-02-06
PRESIDENT WINS
ANOTHER BATTLE
IN LEGISLATURE
ACTION SEGREGATING JAPAN
ESE PUPILS DELAYED
STANTON GETS INFORMATION
CAUSING GRAVE FEARS
Senator BirdsaII Strikes at Chief For-
ester Pinchot-Anti-Fo Football Bill
NEUTRALITY-SUSPICIOUS.
Assured
Especial to The Herald

~ ACRAMENIO, FeD. "a TWO anu
one-half hours debate in the as
~ sembly resulted today in a COM
plete triumph for President Roosevelt
and Governor Gillett in their attitude
against anti-Japanese legislation.
The motion to reconsider the vote
by which the bill segregating Japanese
children in the public schools was
passed yesterday, was Withdrawn to-
day and one to delay the whole mat
ter until next Wednesday was carried
unanimously.
Until noon there was grave doubt
in the minds of the administration
supporters that they could make any
headway in the movement to hold up
the bill as the president requested yes
terday in a telegram to Governor Gill
lett.
The latter had sent a special mes
sage to both houses urging reconsid-
GRAFTON of the measure, but it was not
until Speaker Philip A Stanton took
the floor and made a personal appeal
to the members that the request was
granted.
The speaker declared he had in
formation which he was not at lib
erty to reveal at this time, but might
make public in a few days, that led
him to fear grave consequences if the
legislature passed the bill. He said
they were treading upon dangerous
ground.
Grove L. Johnson, author of the
measure, thereupon stated that he was
willing to submit the bill to the judi
ciary committee and the attorney gen.
eraI of the state to determine it's con-
Stitutionality, and out of Difference to
the presiding officer of the body, would
move that the delay, as requested,
be granted.
Governor Gillett expressed himself
as being highly pleased with the as
Sembly's action and reiterated the
statements contained in his special
message this morning that the pas
sage of the measure would complicate
negotiations with Japan for a solution
of the immigration problem.
Wants Final Vote
Senator. .Caminetti introduced the
Johnson bill in the senate, issuing a
statement to the effect that he wished
the matter brought to a final vote.
Assemblyman e. n. Baxter of Yo-
semitic valley created a furore by the
introduction of bill prohibiting foot
ball contests. He declared later that
he had enough votes pledged to pass it.
Senator Birdsall introduced a con-
current resolution reciting that prop
erty rights of the people of this state
had been interfered with by persons
declaring themselves to be officials of
the United States who assert the right
to regulate and tax the use of these
properties; and calling upon the at
torney general to appear in behalf of
the state and its people in any actions
brought by the federal government to
vindicate the rights which have been
asserted.
The resolution also directs the at
torney general to maintain the right
and title of the state to it's property
and to resist the interference of per-
sons claiming to be federal officials.
This measure, which also was intro
duced in several other states, accord
ing to its proponents is designed 10
back up the fight being waged in con-
gress against Chief Forester Clifford
Pinchot, on the ground that he is en-
croaching by his forestry policy upon
the rights Of the various states to con-
troll their own water power.
The banking bill, which already has
passed the senate, was made a special
order of business for next Wednesday
Immediately after the japanese bill.
At a conference of twelve senators
today it was agreed that an effort
would be made to preserve in the
Wright direct primary bill the feature
providing for the election of United
States senators by direct vote of the
people.
This means that fight will be made
on the floor of the senate, with Wright
leading, for the bill as originally intro
duced. and Wolfe and Leavitt for
amendments suggested by them to the
committee on elections and election
laws, striking out the senatorial sec
ton.
Those who attended todays caucus
were Cutten, Campbell, Bell, Miller,
Stetson, Estudillo, Thompson, Black,
Strobridge, Birdsall and Hurd. They
claimed they could muster tWenty-one
votes Ca majority of the senate) for
their version of the bill They propose
that a mere plurality instead of a ma
jority or a high plurality vote shall
suffice to nominate.
The message which precipitated the
fight in the assembly arrived early. In
it the governor called attention to the
contention of Japan, which is not re-
futed by the United States government
that the bill violates the treaty rights
of the empire. He did not enter into O.
discussion Of the merits of this position.
stating that it is a debatable question.
but reiterateS that Japan would con-
sider it an unfriendly act to exclude
from the public schools the children of
subjtcts.
Governors Message
Gentlemen. believing there should be q fur
ther and more careful consideration of assem-
bly, bill No. IA, which provides that boards of
school trustees shall have the power to estab-
lish separate schools for children of Japanese
and that thereafter they shall not be admitted
into any other public schools and further be-
lieying that the enactment of provisions of
said bill will at this time affect the interests
Of the entire nation and perhaps seriously
most respectfully request you to reconsider
the vote by which said bill was passed, and
take the matter up for further and most care
full consideration.
Within few hours after the passage of said
bill the president of the United States alarmed
a. the possible consequences of the enactment
of such law. sent to me a telegram contain
ing the following language:
This is the most offensive bill of all. and in
my judgment is clearly unconstitutional and
should at once have to test it in the courts
Can 1t not be stopped in the legislature or by
veto?''
telegram so forceful as this, coming from
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