The Washington herald., 1906-12-05

I'm its application TO the school troubles
IT, san Francisco. We have violated no
treaty. The action in the school con-
troversy was no more a violation Of a
treaty than the order for the vaccination
of all pupils in the san Francisco schools
The people Of California are as patriotic
as the citizens Of any part Of the Union,
and il is an injustice 20 them to repre-
sent them otherwise. I can only account
for the Presidents position on the theory
that he has been misinfOrmed.
Representative Kahn said: Il do not
knew whether the President means that
he can compel a board Of education to
take japanese children as pupils in the
schools with white children. 1 do not
know whether he means to say that he
can do this under existing law. Per-
sonaIIy, I think. there is grave doubt
that It can be done. II he means that
japanese children are being abused in
any way this can be stopped
Representative Mckinley said: Cen
ditions are very bad. The people Of Call
fCrnia are determined to protect their
homes. If the President chooses to cast
lis lot with the Japanese against the
rights of the American citizens of Cali
fornia, that IS his affair.
1t is expected that within a short tine
a case will be brought before the courts
in San Francisco 20 test the right of the
school authorities Of that city to ex-
clude japanese children from certain
schools. The Department of Justice has
the matter In hand now, and under the
/ personal supervision of Attorney General
Moody the details Of the plan are being
worked out Just what the procedure
viii be cannot be learned, but the admin
| Is4s rr-ha hp iz
| finally through the courts the whole
affair will be satisfactorily adjusted
Position of Administration.
The exact position Of the administra-
ton in the japanese school matter was
made clear for perhaps the first time to
/ day. The government here holds that
| there has been violation Of the treaty
rights of Japan because of the most
/ favored nation clause in the treaty OF
/ 1924. which gives to the Japanese rights
/ Of residence equal to those extended to
| the citizens of any other country. 1t is
declared that so long as the school
authorities in San Francisco grant other
foreign children-German, French, Rus
sian. or any other natiOnality-the
right to attend certain schools, that same
privilege must be extended 10 the Japa-
nese by virtue of the most favored na-
ton clause in the treaty. 1t is said that
the Californians are not compelled to
educate the japanese at all, but it is
necessary for them TO &c sn while citizens
of other nations are enjoying the privi-
lege of the public schools.
The right Of residence is held to carry
with it the right of education. The ad-
ministration lawyers seem quite clearly
of the opinion that the japanese have
not been denied the right of education al
together. and they know that separate
schools have been given them; but it is
held that the discrimination because Of
race is a violation of the treaty. If the
Californians were to pass a law prOhlb-
iting the entrance into the schools of any
foreigners. the Japanese could readily
and lawfully be excluded, because under
such circumstances the citizens or sub
iects of no other nation would be receiv-
ing better treatment than the japanese.
It is rot known just what course the
government will pursue in bringing a test
case before the courts Of San Francisco.
It is thought likely. however. that some
japanese parent will be procured to ap-
peal for an injunction asking that the
school authorities be restrained from ex-
Guiding his child from the schools. on
account of the rights guaranteed by the
existing treaty.
Senator Rayner's Resolution.
After reading the Presidents reference
to the Japanese question. Senator Ray
ner, Of Maryland, offered the following
resolution, which he expects to discuss
to-day:
Resolved. That In the opinion Of the Senate, this
government has no right % enter into any treaty
with any foreign government relating in any man
ner TO any os the public school systems Of any Of
the States Of the Union
Resolved further That in the opinion Of the Sen
ate there is provision in the treaty Ct the United
States with Japan that relates in any manner to
this subject in any way intereres with the right
Of the State Of California conduct and administer
its system Of public schools ia accordance with It's
own legislation; and,
Resolved further. That Il Is the dnty Of the
President Of the United States TO notify the gov
ernment Of Japan. and notify any foreign govern
meut with whom the question may arise that the
public educational institutions Of the States are not
within the jurisdiction of the United States. aud
that the United States has DO power 20 regulate
or supervise their administration