The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-16
JAPANESE IN saw FRANCISCO.
the Constitutional mi Legal Guarantee.
OF Their Treaty Rights.

TN GOnstttu4Onl nnu Legal Guar antees
OF Their Treaty Rights.
To THE EDITOR or THE SuN-Su. ns
barbarous. action OF the school baard of Sa,
Francisco. ~hich has excluded the JAPANESE
children from the public schools, IA no,
only unfair. unjust. inhumsn. uucivinai
and unohristian. but a fla grant breach \,
the Japaneec-American treaty, as we'll a,
a violation OF tho Constitution of the Unsd
States. ! need not discuss II from the
viewpoint OF humanity and Justice. Ac.
because II CalifoTnians do not forget Tho
, instru ctions OF Abraham Lincoln they VII,
understand how the expel OF people bv tho
race question is baTbarous beha vior
According 20 Article VI. OF the Col s+i.,.
ton OF the United states, An treaties NAL,
OF which shall be made. under the AUTHORITY
of the United States. shall be the snJr.nt.
law OF tho land; aud the Judges in every Staia
shall be bound thereby, anything in the Con.
s%titution or laws of any State to the contrary
not withstanding." II the law OF Califorpi,
provides that the japanese children could
not attend the public schools with vu!fa
children. II IL a violation of the Constitution
Of the United states. as we'll as the treaty.
between Japan and the United States: and
suOh law Is Illegal and unconstitutional for
the Article !. OF the treaty OF and
na vigatioB between japan and the United
States which was concluded on November ?"
1904, provides that -~*s the citizens nr
subjects Of each contracting party shsl
enjoy In the territories Of the other the same
p privileges. liberties and rights and shall he
subject 10 no higher imposts or charges IN
these RESPECTS than native citizens or sub.
jects. or citizens or subjects Of The most
favored nation; and the treaty Is the SUI
preme law OF the United States.
yer. Californians hold that the Fed
eral Government has no authority whatever,
tEeaty or no treaty, over the schools Of Cal.
forpia OF any other State. They point, IN
proof OF this. TO the Tenth Amendment ~
the Constitution OF the United States. The
Tenth Amendment states that the powers
not delegated to the United States by the
Constitution, nor prohibited by il 10 fha
States. are RESERVED TO the States respectivelv.
or 10 the people" The control of their schools,
they hold. IN thus obviously one OF the thing,
delegated to the states.
The educatioDSis q part of the State polite
power in the broad meaning. and the State
of course, has authority upon II, but II does
not mean that the contro OF the schools Sc
supremer than the rules 81 the United Ststes
Constitution The State police power has
authority only within the limitation Of the
United states Cons, itution, and when IL con-
ficts with the provision of the United States
Constitution in which the treaty lie the sn-
preme law of the land the police power IA
unconstitutional.
Article NV. of the Japanese American
treaty states that "the high contracting
parties q gree that In al that concerns CON.
merce and navigation, any privilege, favor
or immunity which either high CONTRACTING
party has actually granted or may hereafter
grant 10 the Government, ships, citizens or
subjects OF any other state shall be EXTENDED
10 the. Government. chips. citizens OF subjects
Of the other high contracting party, grs-
t%uitously II the concession in favor of that
other state shall have heep gratuitous. and
on the same or equivalent conditions If tho
concession shall have been conditional: It
being their intention that the trade and navl-
CATION of each country shall be placed. in all
respects. by the other upon the footing of the
most favored nation II the school board ~
San Francisco excluded all alien children We
might not care. but the. prohibition is only
for Monaghan children Our children have
the right as most favored nation. and they.
OF course. have the right TO attend the
schools with other white alien children, a.
well as American citizens.
Moreover, there are many Of our childror
who were born within the jurisdiction Of the
United States. and such children. according
TO the Constitution OF the United States. are
citizens OF the United States, except IN the
case of a child whose father is engaged in
any official capacity under the Government ~
Japan.
The Fourteenth Amendment to the Con
stltuttOH OA the JnIeN STATES PROVINCES that
mo State shall make or enforce any Inv
which shall abridgc the privileges or immu-
mites OF citizens OF the United States: nor
shall any State deprive any person of life.
liberty or property without due process OF
law. nor deny to any person within its iuris-
dictiOn the equal protection OF the laws.
The exclusion of our children from tina
public schools because their parents ara
Japanese Is a fragrant breach OF the Consti-
tuition of the United States. because a child
capable of becoming a citizen is always a citi-
zen. and the nationality of the parent Is never
in question: even the Chimes born in the United
States Is a citizen of the United States.
The barbarous action of the school board
of San Francisco Is against Articles /. and
XIV, of the treaty between Japan and the
United States. and also Article VI. of the Com
s~titution OF the United States and the Four
teenth Amendment TO the Constitution of the
United States. ToMEsABURo SHIMIzU.
NEW YORK. November rs.