The Montgomery advertiser., 1909-02-05
EXCLUDE LAPS FROM SCHOOLS
 .- Measure Is Passed In \ California.
 e OTHER BILLS ARE DEFEATED Roosevelt Makes an Appeal to the
 Governor. peeisres That Johnson Bin Is the Most oaeasive of Ari--Msy Reeon- .iaer the Lesisiatiea
 Today.
OTHER BILLS ARE DEFEATED

Sacramento, Cal, Fep, 4-Wien NY Aefeat in the lower House today of two Inf the anti-Japanese measures, fol- lowed by the unexpected passage of a third bill. segregating Japanese school children in separate schools along with Chinese, Koreans and other Asiatics, regarded as the most offen- sive measure of all, President Roose- welt again has taken hand In the anti. Janauese legislation that for the last week has drawn international at. tention to California.
 Hardly had the bill been passed by the Assembly before Governor Gillette received the following message from the President:
 swashington. D. C.. Feb. 1. 1909. !. N. Gillette. Governof, California;;
 Your kind letter just received. What is the rumor that the California legislature has passed bill excluding the Japanese children from the pub- lie schools? This Is the most offensive bin of all and in my judgment. is clear ly unconstitutional and we should pro- ceed at once to test 1t in the courts. Can 1t be stopped in the legislature. or by veEo7
 (Siened.) s.Theodore Roosevelt" ]" Governor Gillette immediately wired a reply to the President and asked for an answer at once. He refused to dis cuss the nature of the message to .. Washington, but will make all corre- Aspondence by. wire public upon the receipt of the Presidents next teie- gram. if possible.
 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 an- other telegram from President Roose- welt. Governor Gillette 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 Assemblymen Grove L. John son, places the Japanese In the same classification with other Asiatics. and inserts the word .Japanese" in the present state statute providing for the eesregatioH in sspAyate schools Of By this action, the lower House of F the sCalifornia Legiafature has taken xhe 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. Schmits were called to Washington and had several confer ences with Presideht Roosevelt.
 Not AEongeltams Say Japs.
 At that time 1t was contended by the Japanese that they were not Mongo- Hans and they resented the efforts to place them In tHe same class with the Chinese. Koreats and other Aslatic races. The question was also raised whether, undeS the law the segrega- tion of JapanSse school children could be enforced in the absence of specific mention of the word Japanese"
 Upon the return of the delegation from Washington, the San Francisco school board contended itself with the adoption of rule limiting the age of pupils that would be permitted to at- tend the tower grades of the public schools, one of the principal objections to the Japanese being that adults were attending the primary grades and were in daily association with white child ren of tender years.
 Unexpected was the passage of the Japanese school segregation bill to- day After the defeat yesterday of Drew's anti-alien land bill. which was generally believed to foreshadow the rejection of all of the measures aimed at the Japa 2ese. the defeat today of two more anti-Japanese bills, added to the surprise occasioneJ by the vote on the school segregation bill
 Immediately upon learning of the Assembly's action. Governor Gillette called into conference Speaker Philip
 
 both Houses of the Legislature. The latter expressed the hope of stiIl being able to defeat the measure in the As- sembly upon reconsideration. and il was with this in view that Assembly, man Walter Leeds, of Los Angeles. on a roll call, changed his vote from nc to yes, and gave notice that he would move to reconsider the vote of 4S to 2l by which the bill was passed.
 It will require fOrty-One votes tc carry Leeds motion. In event 1t is adopted. it is freely predicted tonight that one of the flercest battles ever waged in the California legislature will result in tine effort to kill the bill
 The principal debate was upon tn, residential segregation bill. Many wh' voted against the land corporation segregation of undesirable aliens be cause that was effective anti-Japanes Legislation.
 Shortly after the disposal of tn, Johnson bills, Mfr. Drew moved that tn vote by which his land bill was de feated yesterday, be reconsidered. H offered to amend the measure by strik ing out a section which it had beel declared violated the treaty rights o several nations. He declared that a the school bill had just been passe' ana that was the one against which tn President objected most strenuousi' two years ago, the Assembly shoui' go a step further and pass the ian' The motion was lost, the vote being es ayes to ss noes. This showed gair of ten votes for the proponents Of th' bill.
 ResoIutlOn in NevadR.
 Carson New, Feb, 4-The- GiffoE
 4l Jav<onaza rasoIutfan shorn of itl