The Montgomery advertiser., 1906-11-02
HIKING rarNGa

The Columbia state thinks 1t has dis covered that our Government, in con- sequence with its treaty with Japan. has a right to interfere in the San Frahclscd school muddle and force tine authorities of that city to admit the Japanese into the white schools. Just how 1t can, find authority to sustain its position. we are unable to see from a reading of the treaty. The only clause of the treaty that seems to have any bearing on the question is in these words: k
 In whatever relates to rights of resi-. dence, ,and travel; to the possession of goods and effects of any kind; to thf succession to personal estate. by will property of any sort and in any manner whatsoever which they may lawfully acquire. the citizens or subjects of each contracting party shall enjoy in the leres, liberties and rights. and shall be subject to no higher imposts or charges in these respects than native citizens or subjects of tho most-favored nation.
 Where the advocates of mixed schools can find any support for their position in that clause. we cannot see. The only thing in the language that bears even remotely on 1t is the portion relating to the rights of residence and travel" But even if these Japanese are actual residents of CalifoDnia, that fact does not give them any special school privi- leges. Will The state or any other newspaper claim that the rights of residence" includes free education? The Federal Government has not attempted to interfere in the race separation reg ulations of the Southern States. and this paragraph from The Boston Globe is to the point:
 In regard to the matter of excluding Japanese children from the white schools in San Francisco 1t Is doubtful If the Federal Government can take any more effective action than 1t could to prevent the exclusion of native Americans of color from the white school in New Orleans.
 The Globe is a well-edited and ex. treFfely conservative newspaper. and 1t evidently means to be. understood as taking the position that the Federal Government has no power to interferu in the school regulations in the South, and cannot do so in San Francisco. The present administration, however, seems to think differently. At least Secretary of State Root avows that .hs section O.: the Constitution which relates to the treaty making powers of the Govern ment shall be the supreme law of the land; therefore. he believes. or affects to believe, that under that clause of the Constitution. and to- carry out the treaty with Japan, our Government has the power and authority ito compel the officials of any of the States, and the local authorities of any community to observe and obey the provisions or any international treaty." The Presi- dents well known hatred of all forms of States rights accounts for the posi- ton taken by his Secretary.
 New. we are not defending the school authorities of California for their &C., ton. nor are we condemning them. We might argue that 1t is wrong to bar the Japanese from the white schools, and they could reply that 1t is wrong for Alabama to bar out the colored children from our white schools, and that would close the argument. We are merely insisting that they have d legal and constitutional right to take the position they have done and tha. the Federal Government has no right to interfere. And we believe the Ja- panese people and Government will see odp init han In fnllv understand the matter.