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|The Anti-Japanese Bill's Resolution.
94 The resolution was in full as follows:
Whereas, Assembly Bill, No. 14, introduced by Mr. Johnson of Sacramento, and reading as follows:
To Amend Section 1662 of the Political Code
The people of the State of California, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1662 of the Political Code is hereby amended so as to read as follows:
1662. Every school, unless otherwise provided by law, must be open for the admission of all children between six and twenty-one years of age residing in the district and the board of school trustees, or city board of education, have power to admit adults and children not residing in the district, whenever good reasons exist therefor. Trustees shall have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases, and also to establish separate schools for Indian children and for the 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 adopted or may hereafter be adopted as part of the public primary schools, children may be admitted to such kindergarten classes at the age of four years; and provided further, that in cities or school districts in which separate classes have been or may hereafter be established, for the instruction of the deaf, children may be admitted to such classes at the age of three years.
Is now pending before this Assembly; and
Whereas, It has been represented by the President of the United States that the passage of this bill 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 known 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 that it is his judgment that said bill would conflict with the treaty now existing between the government of the United States and the government of Japan, and because of such conflict 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 accede to the wishes of the Chief Executive of this State, and the Speaker of this Assembly; therefore be it
Resolved, That it is fitting and proper that a statement of the position of this Assembly upon this question be made, to the end that a mistaken impression do not result from the failure of the Assembly to pass this bill; be it further
Resolved, That such position is as follows:
1. The school system of the State of California is an institution of the State alone, maintained, supported, conducted and controlled wholly under and in accordance with the powers reserved to the State.
2. That the power to maintain, conduct and control the State school system has not been granted to the Federal Government.
3. 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.
4. That by said Assembly Bill No. 14 it is not designed to deprive children of Indian, Mongolian, 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 same privileges and opportunities as are given to and provided for all other children.
5. That Assembly Bill No. 14 contemplates the establishment and maintenance of separate schools for different races, but all schools so established and maintained shall afford equal and the same facilities for instruction.
6. That this Assembly recognize it to be a duty resting upon the State to furnish to children of Indian, Mongolian, Chinese, or Japanese descent the same facilities and opportunities as are furnished to children of other races and affirm that no more can be required and that nothing different is contemplated by said Act. That said Act gives to children of Indian, Mongolian, Chinese, or Japanese descent who are subjects of other countries the same rights and privileges as are given to native born citizens of California, and no power has the right to demand more. 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 reaffirm and reassert that the subject matter of Assembly Bill No. 14 is purely and exclusively a matter of State concern, falling within the reserve powers of the State, and violates no provision of the Federal Constitution.
7. That it is the judgment of this Assembly that said bill does not conflict with the treaty existing between the government of the United States and the government of Japan, and that we recognize the authority to make treaties is by the Federal Constitution, vested in the President and Senate of the United States, we affirm that the right to administer our State school system can not be controlled by treaty made by the President and the Senate of the United States, nor by action of the President alone.
8. And finally, while we recognize that Assembly Bill No. 14 is drawn and could be passed by the Legislature of this State in full conformity with the powers reserved to the State and vouchsafed to it by the Federal Constitution, we are unwilling to do aught which may disturb the relations existing between this government and a friendly power, and for this reason alone, we recommend that Assembly Bill No. 14 be reconsidered and withdrawn.