The Washington herald., 1906-12-04

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TO be presented to Congress to-day, viii
be watched with greater international In
terest than the recommendation concern
ing the situation brought about by the
segregation Of japanese pupils in the
public schools Of San Francisco.
The japanese problem was very gener-
ally discussed by members OF both
Houses yesterday. and while the two Sen
ators and several Representatives from
California laughed al all talk Of the pos
sibility Of war, and said that Washing
ton was vastly more excited over the
situation than their State, it Is quite OBJ
vious that the problem is growing more
and more delicate every day, and that
unless the President offers some wholly
satisfactory solution in his message. the
existing embarrassment viii be material
~ increased.
The administration IS just awakening
to the amazing shrewdness and subtlety
Of japanese diplomacy. and the most re-
cent developments are such as to lead t.
the opinion that Japan may succeed in
putting the United States in most awk-
ward and hnmillating position in the eyes
Of the world before the California school
incident is closed.
Japan assumes to regard the action of
the school authorities OF san Francisco.
and the agitation which it has brought
about, as a purely domestic affair; and il
is fundamental principle Of interna-
ional relations that no foreign govern
ment may interfere in the domestic policy
of "a country with which she is on terms
Of friendship. So far as Japan is con
cerned, California is nonexistent. Of
ficially, Japan has relations only with
the Federal government. and the action
of any individual State Of the American
union does not concern the japanese gov
eminent.
VIII Not Go 20 Courts.
To avoid any embarrassment with the
Washington government, the japanese
government will not attempt TO test in
the courts the alleged violation OF her
treaty rights through the action OF the
San Francisco authorities, nor will the
japanese government give any encourage
ment, official or otherwise. to any Jap
anese, acting In his private capacity, TO
bring suit to enforce his alleged rights.
But what the japanese government viii
do-and authorities agree that Il Is a
master stroke Of diplOmacy-will be prae-
tically TO say to the United States: Have
YOU the power to enforce treaty stipUia-
tions?' This would be the most embar-
RAISING question that any foreign coun-
try has ever asked America. If an az
irmative answer be given. Japan viii
merely say. in effect: Very well: then
see that the provisions of our treaty are
observed This would be a trihe awk-
ward for President Roosevelt. as there is
no way, in the opinion of many who have
studied the question. by which he can
compel California to put the japanese
back with the white pupils.
IF, on the other hand, the Washington
government can do nothing else than tell
Japan that, much as the matter IS to be
regretted, it can not inforce the treaty
provisions relating to the California case,
because 1t can not interfere in the internal
affairs Of State. then Japan will have
succeeding in forcing this country to ad-
nit that. so far as international obliga-
ticns are concerned, a treaty made by the
United States is worth no more than the
paper It is written on.
Worth of Treaties with L. s.
1T is obvious that unlimited possibilities
of friction will be presented If Japan IS
inclined to press the matter by calling
the attention of the world TO this worth
lessness, from an International standpoint,
of an American treaty. Among civilized
nations a treaty is supposed to be a con-
tract equally binding on the signatories
to carry out In letter and spirit the objects
provided for. But If the Washington gov
ernment is compelled to admit that a
trea,y is not binding upon the United
States. and is subject to certain lmita-
tions--that in other words. n treaty made
with the United States stands upon an
entirely different footing from that made
with any other government and must be
construed not by the generally accented
of International law. but
according to local law-thcn the world
at large may manifest 4 desire TO modify
all existing treaties, or viii in the future
probably be more reluctant about neeo-
tiating treaties with us.
When this phase of Japan's dfpjomacv
is understood IL is not to be wondered at
that the Washington government is deep |
ly concerned over the unfortunate pre- |
dicament in which it has become in |
vOlvcd as a result IF the action of the
San Francisco school authorities Ii * |
quite plain that the matter is assuming
an Importance wholly disproportionate /
with the incident which was the genesis |
CONTINUED on THIRD PAGE