410 BURR— THE TREATY-MAKING POWER [April 20, 



census child between the ages of five and seventeen years in the said State 

 of California, which shall be the amount necessary to be raised by ad valorem 

 tax for the school purposes during the year.' 



" The Statutes further provide that the board of education of San 

 Francisco shall have authority 'to estaljlish and enforce all necessary rules 

 and regulations for the government and efficiency of the schools (in that 

 City) and for the carrying into effect the school system; to remedy truancy; 

 and to compel attendance at school of children between the ages of six and 

 fourteen years, who may be found idle in public places during school hours.' 



" The Statutes further provide, in Section 1662 of the School law: ' 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 dis- 

 trict, 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 children of Mongolian or Chinese descent. When such separate 

 schools are established, Indian, Chinese, or Mongolian children must not be 

 admitted into any other school. 



"On the nth of October, 1906, the board of education of San Fran- 

 cisco adopted a resolution in these words : 



'Resolved: That in accordance with Article X, Section 1662, of the 

 school law of California, principals are hereby directed to send all Chinese, 

 Japanese, or Korean children to the Oriental Public School, situated on the 

 South side of Clay Street, between Powell and Mason Streets, on and after 

 Monday, October 15, 1906.' 



" The school system thus provided school privileges for all resident 

 children, whether citizen or alien, all resident children were included in the 

 basis for estimating the amount to be raised by taxation for school purposes ; 

 the fund for the support of the school was raised by general taxation upon 

 all property of resident aliens as well as of citizens; and all resident children, 

 whether of aliens or of citizens, were liable to be compelled to attend the 

 schools. So that, under the resolution of the board of education, the children 

 of resident aliens of all other nationalities were freely admitted to the schools 

 of the city in the neighborhood of their homes, while the children of Indians, 

 Chinese and Japanese were excluded from those schools, and were not onlv 

 deprived of education unless they consented to go to the special oriental 

 school on Clay Street, but were liable to be forcibly compelled to go to that 

 particular school. 



" After the passage of this resolution, admission to the ordinary primary 

 schools of San Francisco was denied to Japenese children, and thereupon the 

 government of Japan made representations to the government of the United 

 States that inasmuch as the children of residents who were citizens of all 

 other foreign countries were freely admitted to the schools, the citizens of 

 Japan residing in the United States were, by that exclusion, denied the same 

 privileges, liberties, and rights relating to the right of residence which were 



