The Washington herald., 1906-10-28

Victor II. Metcalf. Secretary of Com
rperse and Labor. who was directed by
ibs President to proceed 10 California and
make an investigation Of alleged discriTnl-
nation by the school authorities OF that
state against japanese school children
which has resulted in friction between
The United States and Japan. started
West Yesterday afternoon. He win reach
san Francisco on the S1st instant. Secre-
tary AIetcaIf expects 10 complete his work
in California in about a week Or ten days
Until the return Of Secretary Meteah
from san Francisco the Federal govern
ment viii take no action toward righung
the wrong which Japan claims has been
committed against her subjects, in viola
ton OF treaty provisions.
The action brought in the United States
Circuit Court at San Francisco to compel
the board Of education to reinstate
Japanese schoolboy is private affair to
which the Federal government is not
party. but the government may decide TO
take a hand in the case IL it Is known
That the treaty privileges Of japanese
have been violated.
The United States district attorney at
San francisco. who was directed to make
an investigation Of the charges Of dis
elimination, sent a telegram to the De
partment Of Justice yesterday, in which
he reported merely that private legal pro-
esedings had been Instituted. and gave no
account Of the origin Of the troubles
which have produced strong anu-Ameri-
can feeling in Japan.
Two Points to Investigate.
Before determining what course TO pur-
sue. the President and his advisers want
TO be sure on two points
First-Has there been violation Of the
treaty rights Of japanese subjects?
Second-Should the first point be deter
mined in the affirmative has the Federal
government the power TO compel the State
authorities Of California to recognize
those rights2
The belief Is general in administration
cisrles that the Federal Constitution
gives to the government that power 20
punish violations Of treaty obligations
even when these violations comprise Of
fenses over which the STATE has eXclu-
sivc jurisdiction where American citizens
are involved. Upon the other point how
ever, there Is no willingness to express
any opinion.
Officials maintain a decision upon that
phase OF the question viii depend mainly
upon Secretary MetCalfs report. Little
is known here Of the causes which pro
duced the seeming discrimination against
japanese school children and it is adj
miJted that there may have been good
reasons. particularly In the present en-
barrassilg conditions in san Francisco
consequent upon the chaos produced by
the disaster of last April, for the action
of the school authorities There can be
no doubt, however, that the administra-
ton VIII do everything in its power 90
placate Japan, whether or not it finds
itself able tn require an observance %
treaty stipulatious on the part of the
California and san Francisco govern
melts.
Many public men have maintained that
the constitutional provision that treaties
shall be recognized as the supreme Law
ot the land took precedence over al
State rights guaranteed by the c0nsJiUu-
ton with which il seemingly came il
conflict
Question Never Pushed.
There have been occasions when thi.
question was brought up TO the fore, bat
10 Federal administration has ever g0n,
10 the extent OF attempting TO take 0ut
Of the hands of the State the adjudica-
ton o. cases involving ofenses against
foreign subjects when those ofeuses were
likewise violations OF treaty rights. The
Roosevelt administration is. however
giving serious consideration 10 this mo-
-