Farrington v. Tokushige, No. 465

CourtUnited States Supreme Court
Writing for the CourtMcREYNOLDS
Citation71 L.Ed. 646,47 S.Ct. 406,273 U.S. 284
Docket NumberNo. 465
Decision Date21 February 1927
PartiesFARRINGTON, Governor, et al. v. T. TOKUSHIGE et al

273 U.S. 284
47 S.Ct. 406
71 L.Ed. 646
FARRINGTON, Governor, et al.

v.

T. TOKUSHIGE et al.

No. 465.
Argued Jan. 21, 1927.
Decided Feb. 21, 1927.

Page 285

Mr. Wm. B. Lymer, of Honolulu, Hawaii, for petitioners.

[Argument of Counsel from pages 285-287 intentionally omitted]

Page 288

Mr. Joseph Lightfoot, of Honolulu, Hawaii, for respondents.

[Argument of Counsel from pages 288-290 intentionally omitted]

Page 290

Mr. Justice McREYNOLDS delivered the opinion of the Court.

The Circuit Court of Appeals affirmed (11 F.(2d) 710) an interlocutory decree rendered by the United States District Court of Hawaii July 21, 1925, which granted a temporary injunction forbidding petitioners-Governor, Attorney General, and superintendent of public instruction of that territory-from attempting to enforce the provisions of Act 30, Special Session 1920, Legislature of Hawaii, entitled 'An act relating to foreign language schools and teachers thereof,' as amended by Act 171 of 1923 and Act 152 of 1925, and certain regulations adopted by the department of public instruction June 1, 1925. The interlocutory decree was granted upon the bill and affidavits presented by both sides. No answer has been filed. In these circumstances we only consider whether the judicial discretion of the trial court was improperly exercised.

Respondents claimed below and maintain here that enforcement of the challenged act would deprive them of their liberty and property without due process of law contrary to the Fifth Amendment. Petitioners insist that the entire act and the regulations adopted thereunder are valid; that they prescribe lawful rules for the conduct of private foreign language schools necessary for the public welfare; also that, if any provision of the statute transcends the power of the Legislature, it should be disregarded and the remaining ones should be enforced.

If the enactment is subject to the asserted objections it is not here seriously questioned that respondents are entitled to the relief granted.

There are 163 foreign language schools in the territory. Nine are conducted in the

Page 291

Korean language, 7 in the Chinese, and the remainder in the Japanese. Respondents are members of numerous voluntary unincorporated associations conducting foreign language schools for instruction of Japanese children. These are owned, maintained and conducted by upwards of 5,000 persons, the property used in connection therewith is worth $250,000, the enrolled pupils number 20,000, and 300 teachers are employed. These schools receive no aid from public funds. All children residing within the territory are required to attend some public or equivalent school, and practically all who go to foreign language schools also attend public or such private schools. It is affirmed by counsel for petitioners that Japanese pupils in the public and equivalent private schools increased from 1,320 in 1900 to 19,354 in 1920, and that out of a total of 65,369 pupils of all races on December 31, 1924, 30,487 were Japanese.

The challenged enactment declares that the term 'foreign language school,' as used therein, 'shall be construed to mean any school which is conducted in any language other than the English language or Hawaiian language, except Sabbath schools.' And, as stated by the Circuit Court of Appeals, the following are its more prominent and questionable features:

'No such school shall be conducted in the territory unless under a written permit therefor from the department of public instruction, nor unless the fee therefor shall have been paid as therein provided, and such permit shall be kept exposed in a prominent place at the school so as to be readily seen and read by visitors thereat.

'The fee prescribed is one dollar per pupil on the estimated average attendance of pupils at the school during

Page 292

the period during which such school was conducted during the next preceding school year, or if such school was not conducted during any part of such preceding school year, then at the same rate at the estimated average attendance during the school year or unexpired part thereof in question, in which latter case the amount shall be adjusted to conform to the estimated average attendance during such year or part thereof.

'The amount of the fee shall be estimated and determined by the department from such information as it may have, and shall be payable by any person, persons or corporation conducting or participating in conducting such school; and all officers, teachers and all members of any committee or governing board of any such school, and in case such school is conducted by or for a corporation or voluntary association or other group of persons, all members or associates of such corporation, association or group shall be deemed to be participants in conducting such school. Provision is then made for the collection of the fees by suit, but that provision is not deemed material here.

'All permits must be renewed annually on the first day of September of each year and a similar fee must be paid, provided the department shall not be required to renew a permit for conducting any foreign language school, in the conducting of which there has been a violation of the terms of the act.

'All fees collected by the department under the act shall be paid over to the treasurer of the territory and the moneys so paid are appropriated to the department to be expended in enforcing and carrying out its provisions. If at any time the funds at the disposal of the department from fees previously collected or from royalties, commissions or other moneys received in connection with the publication or sale of foreign language school text-books shall make it possible to fully and effectively

Page 293

carry out the provisions of the act with the permit fees payable by the schools based on a lower rate than one dollar per pupil, the department is authorized to make such a reduction in that rate as it may deem reasonable and expedient.

'Every person conducting a foreign language school shall, not...

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55 practice notes
  • Mo Hock Ke Lok Po v. Stainback, Civ. A. No. 765.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • 22 October 1947
    ...temporarily for such an innocent purpose.'" Farrington v. Tokushige, 9 Cir., 11 F.2d 710, 713, 714. On certiorari the Supreme Court, 273 U.S. 284, pages 298, 299, 47 S.Ct. 406, at page 409, 71 L.Ed. 646, sustained that decision, "* * * Enforcement of the act probably would destroy......
  • Asociación De Educación v. García-Padilla, No. 06-1146.
    • United States
    • U.S. Court of Appeals — First Circuit
    • 11 April 2007
    ...in Farrington v. Tokushige, the Supreme Court addressed the constitutionality of a Hawaii statute heavily regulating private schools. 273 U.S. 284, 47 S.Ct. 406, 71 L.Ed. 646 (1927). The Court held that the statute went "far beyond mere regulation of privately supported schools" b......
  • M.I.S. Engineering v. U.S. Exp. Enterprises, No. 4:06CV3074.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • 26 June 2006
    ...of limitations apply to Carmack Amendment claims when there is no valid contractual provision limiting the time to file suit. See 273 U.S. at 284, 47 S.Ct. 386. I conclude this is still true, even though 49 U.S.C. § 14706 was enacted as part of the ICC Termination Act of 1995, Pub.L. No. 10......
  • United States v. Carolene Products Co, No. 640
    • United States
    • United States Supreme Court
    • 25 April 1938
    ...390, 43 S.Ct. 625, 67 L.Ed. 1042, 29 A.L.R. 1446; Bartels v. Iowa, 262 U.S. 404, 43 S.Ct. 628, 67 L.Ed. 1047; Farrington v. Tokushige, 273 U.S. 284, 47 S.Ct. 406, 71 L.Ed. 646, or racial minorities. Nixon v. Herndon, supra; Nixon v. Condon, supra; whether prejudice against discrete and insu......
  • Request a trial to view additional results
55 cases
  • Mo Hock Ke Lok Po v. Stainback, Civ. A. No. 765.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • 22 October 1947
    ...temporarily for such an innocent purpose.'" Farrington v. Tokushige, 9 Cir., 11 F.2d 710, 713, 714. On certiorari the Supreme Court, 273 U.S. 284, pages 298, 299, 47 S.Ct. 406, at page 409, 71 L.Ed. 646, sustained that decision, "* * * Enforcement of the act probably would destroy......
  • Asociación De Educación v. García-Padilla, No. 06-1146.
    • United States
    • U.S. Court of Appeals — First Circuit
    • 11 April 2007
    ...in Farrington v. Tokushige, the Supreme Court addressed the constitutionality of a Hawaii statute heavily regulating private schools. 273 U.S. 284, 47 S.Ct. 406, 71 L.Ed. 646 (1927). The Court held that the statute went "far beyond mere regulation of privately supported schools" b......
  • M.I.S. Engineering v. U.S. Exp. Enterprises, No. 4:06CV3074.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • 26 June 2006
    ...of limitations apply to Carmack Amendment claims when there is no valid contractual provision limiting the time to file suit. See 273 U.S. at 284, 47 S.Ct. 386. I conclude this is still true, even though 49 U.S.C. § 14706 was enacted as part of the ICC Termination Act of 1995, Pub.L. No. 10......
  • United States v. Carolene Products Co, No. 640
    • United States
    • United States Supreme Court
    • 25 April 1938
    ...390, 43 S.Ct. 625, 67 L.Ed. 1042, 29 A.L.R. 1446; Bartels v. Iowa, 262 U.S. 404, 43 S.Ct. 628, 67 L.Ed. 1047; Farrington v. Tokushige, 273 U.S. 284, 47 S.Ct. 406, 71 L.Ed. 646, or racial minorities. Nixon v. Herndon, supra; Nixon v. Condon, supra; whether prejudice against discrete and insu......
  • Request a trial to view additional results

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