Story of the Session of the California Legislature of 1909Hichborn, Franklin
History
Story of the Session of the California Legislature of 1909
Hichborn, Franklin
California -- Politics and government
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.
Public-domain text, read in full here on John Shaqi.
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