The semi-weekly messenger., 1906-10-30
WILMINGTON. N c.
TUESDAY, OCTOBER 80, 1906.
TROUBLE WITH JAPAN.

er serious aspects. The press dis
patches tell us that the situation is
so grave that the president has sent
a member of his cabinet, Secretary
MetcaIf, to the Pacific coast city to
study the situation and make full re-
port.
The chief cause of complaint on ia
pans part seems to be that the Japa-
nese children are not allowed to attend
the public schools of San Francisco
with the white children. but there are
other complaints which have been laid
before the federal government, these
being in regard to the treatment of
Japanese residents in that city.
The Japs are willing enough for this
government to enforce the most strin-
gent exclusion laws against their
neighbors, the Chinese, but when it
comes to discriminating against the
people Of their own nation it is very
different matter-"a grey mare of an
OIu0I cOlOI. " I'LL LLCLlI t1C olCuC
of color makes all the difference in the
world. They recognize the right and
even the propriety of the white race
to discriminate by statute and social
custom against the black and the yell
low race, but when it comes to the in
termediate shade of brown they kick
and demand that there shall be no
such discrimination.
There may be several questions Of
involved in the point the Japanese am
bassador has raised in the matter Of
the exclusion of Japanese children
from the public white schools Of San
Francisco We have not before us the
constitution or the laws of California
on the subject of separate schools for
the different races. but because Of the
action the authorities have taken we
presume that there is some such law,
organic or legislative, under which they
act.
The leading question in this case is,
can our government, by treaty with
a foreign power annul or make nuga-
tory any clause in the constitution or
in an act of the legislature of any
state which is not in conflict with any
act of congress or of a clause of the
constitution of the United States? For
instance: The constitution Of North
Carolina declares that children Of the
white race and the children of the COL
ored race shall be taught in separate
public schools" Were the United
States to make treaty with the re-
public Of Liberia which provided that
the children Of negro citizens of that
republic coming to this country should
have the same rights and privileges as
any children q white citizens Of this
country, would that override the above
quoted provision Of the constitution of
our state ard open cur white public
schCo-s, under federal government eX
actions, to the children of any negro
from Liberia who might come to this
state?
The Japanese representatives claim
the right for children Of people Of their
country to attend the public schools
for whites in San Francisco under
such a clause in the federal govern
ment's treaty with Japan ratified in
1894
1t will be noticed that in the clause
Of our states constitution above quoted
there are used the words "children of
the colored race" not "cnildren of the
oolored races" The question would
arise what does that term mean-chil-
dren Of any one colored race, the ne
gre, or OF all people who are not of
the white race? Under our state con-
stitution would Chinese children be al
lowed to attend the public schools for
white children? If not, then Ger
tainly Japanese children could not be
admitted. And then the whole contro-
versy reverts to the first proposition
the right Of the federal government to
override state constitutions and state
laws by the provisions of treaty with
a foreign power on subject matters not
delegated by the states to the control
OF tho federal government.
The constitution of the United
States article 6, that says "all treaties
made or which shall be made under
the authority Of the United States shal