The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-19


Quoted. We deny either the legal or
moral obligation to teach any foreigner
to read or speak the English language
And if we choose to do that for one ma
tionality a matter of grace, and not
to do the same for another nationality
that is our privilege
We do not know that the Japanese
children are personally Objectionable in
grades composed of pupils of their own
age. We do not know whether they are
or not There is, however, a deep and
settled conviction among our people that
the only hope of maintaining peace be-
tween Japan and the United States is to
keep the two races apart. Whatever the
status of the japanese children while
still young and uncontaminated, as they
grow older they acquire the distinctive
character. habits. and moral standards
of their race which are abhorrent TO ou-
people, We object to them in the famil-
lar intercourse of common school life as
we would object to any other moral
poison.
While we deny any moral or legal obi
CATION to give. a. public expense, any
education whatever to any alien, and
consequently If we choose to give as u
matter of grace to one and deny II to
another, we have also as a matter %
grace provided separate schools for the
Japanese. In all the southern states
separate schools are provided for white
and colored children. To say that we
may exclude our own colored citizens
from the schools attended by the white
children, but shall not exclude the chill
dren of aliens from such schools, is not
only absurd but monstrous.
We deny that the federal government
has any control whatever over the
schools of this state, or any authority
whatever 10 officially deal with them
The tenth amendment to the constitution
declares that 1.-The powers not delegated
to the United States by the constitution
nor prohibited by it to the states are re-
served to the states. respectively or TO
the people" If the control of public ed
ueation Is not one Of the powers by that
clause expressly withheld from the fed
eral jurisdiction, then there is no such
power thus withheld. and there is moth.
ing in which the jurisdiction of Congress
is not supreme. Secretary Metcalf, now
here, is not, as United States OFFICIAL
entitled to any information whatever in
regard to our schools What Is given is
given as a matter of courtesy.
Section of article VI of the constitu-
ton of the United tSates says This
constitution, and the laws of the United
States made In pursuance thereof, and all
treaties made, or which shall be made
under the authority of the United
States, shall be the supreme law of the
land" Obviously no treaty can be made
by the United States except under it's
authority" Any treaty made in excess
of that authority is void in that partIc-
ular. II the United States has no Eau
thority'' over the schools of California
1t cannot be clothed with such authority
by any contract of its own with a foreign
nation. To suppose otherwise would be
to suppose that the President and Senate
alone could, under guise of a treaty.
with foreign nation, usurp every power
now held by any state government. and
even abolish those governments If the
power of the President and Senate to en-
act by treaty that which Congress and
the President can not enact by law ex-
lists, it has no limit 1t does not exist
Therefore, whatever engagements the
federal government may have made witt,
Japan with respect to our schools--lf it
has made any-are utterly void.
(San francisco Argonaut, November 10,
1861
THE JAPANESE IN OUR SCHOOLS.
After the fire of April IS the San Fran,
cisco school department temporarily
housed Japanese and other Aslatie chill
dren in the schoolhouses with the white
children. As soon as it was possible.
however, the school board provided a
separate building for these Asiatic chill
dren, in compliance with the school law
of California. This led to a formal re-
monstrance from Tokyo thru the JAPAN
csc ambassador at Washington 1t was
followed by protest from the Japanese
consul at San Francisco and the institu-
ton of proceedings in the federal court
to compel the San Francisco school board
to admit japanese pupil to be seated
side by side with the white children in
the San Francisco schools. These formal
court proceedins were presumably with
the approval of the Japanese consul, as
japanese attorney assisted his learned
white brother at the bar.
President Roosevelt at once directed a
dispatch to be sent by Secretary Root to
the Japanese imperial government, apol-
osizing for the action of the San Fran
cisco school authorities, and explaining
that the local exigencies due to the re-
cent calamity, and the present labor dis
turbances had probably led to this ac-
ton. The implication In this dispatch
was that the federal government would
at once take steps to remove the causes
complained of by the Japanese govern
ment, and the corollary was that tho
federal government would thus right a
wrong. Pending action by the federal
government toward removing the wrongs
alleged to be due TO the action of the
school officials of California, the JAPAN
csc government has refrained from fur
Their action. In accordance with this
same course, and probably at the direc-
ton of the Japanese imperial govern
ment, the suit brought In the federal
court under the direction of the Japan
csc council against the San Francisco
school board has been dismissed
In the meantime Secretary Metcalf,
head of the Department of Commerce
and Labor, has been sent post haste to
San Francisco by President Roosevelt
to investigate the matter. Secretary Met
calf has held conferences with the jap
anese consul. the United States district
attorney, Federal Judges Henshaw, Gil
bert and Ross. and the San Francisco
school board. He has exprest no opinion
and has given out nothing for publica-
ton. As the secretary is discreet man,
and particularly on these vexatious Ash
attic topics, We are convinced that he will
keep his own counsel until he reports to
the President. The only significant ut
terance made by the secretary was when
he asked President Altman how Cali
fornia defined the word 'Mongolian' in
that clause of her statute where it pro-
vdes that separate schools shall be pro-
vided for Indian children and for
children of Mongolian or Chinese de-
scent" From this it is evident that the
administration will probably hold that
the japanese are not Mongolians
1t seems to us that President Roose-
welt need only look out of his windows
to note that we need no more race
troubles II Ia Qoee along PennsyIx-a