Story of the Session of the California Legislature of 1909 Part 36

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 a.s.sembly; therefore be it

Resolved, That it is fitting and proper that a statement of the position of this a.s.sembly upon this question be made, to the end that a mistaken impression do not result from the failure of the a.s.sembly to pa.s.s this bill; be it further

Resolved, That such position is as follows:

1. The school system of the State of California is an inst.i.tution 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 pa.s.s any law relative to the school system of this State that in its judgment may seem best.

4. That by said a.s.sembly Bill No. 14 it is not designed to deprive children of Indian, Mongolian, Chinese, or j.a.panese 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 a.s.sembly 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 a.s.sembly recognize it to be a duty resting upon the State to furnish to children of Indian, Mongolian, Chinese, or j.a.panese 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 j.a.panese 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 a.s.sembly 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 a.s.sembly, but while doing so we reaffirm and rea.s.sert that the subject matter of a.s.sembly 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 Const.i.tution.

7. That it is the judgment of this a.s.sembly that said bill does not conflict with the treaty existing between the government of the United States and the government of j.a.pan, and that we recognize the authority to make treaties is by the Federal Const.i.tution, 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 a.s.sembly Bill No. 14 is drawn and could be pa.s.sed by the Legislature of this State in full conformity with the powers reserved to the State and vouchsafed to it by the Federal Const.i.tution, 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 a.s.sembly Bill No. 14 be reconsidered and withdrawn.