The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-28
JAPAN SHOWS BETTER FEELING
ROOSEVELT'S PROMPT ACTION
HAS A GOOD EFFECT.
CalifSrnia's Habitual Attitude Considered
Perpetual Menace TO smooth DiplO-
. matte intercourse Our Action DC
ponds on secretary Metcalf's Report.

Perpetual Menace TO smooth DiplO-
- matio Intercourse Our Action DC
ponds on secretary Metcalf's Report.
Special CaOIs Dispatches to TaE SUN.
TOXIC. Oct. 37.-The Straightforward tele-
gram OF tho American Government with
references to the action Of the San Francisco
Board OF Education in excluding a Japa-
nese child from a public school was given
out here by the Foreign ONCE yesterday
n has now done much to clear up the
! situation.
The Jill emphasizes the fact that the tele-
gram antedated the protest Of the Japanese
Ambassador in Washington. 1t Ia therefore
not a mere diplomatic reply. but is more sig
n~ificant, being a voluntary and friendly ex-
PLANTATION Of the local nature OF the action OF
the San Francisco authorities.
The Rokpmir regards the explanation as
fully satisfactory. and hopes for a speedy
enforcement OF the pledges given in it.
The Hochi. the leading organ Of the Oppo-
sition. still maintains that the agitation will
soon assume the character OF an organized
national movement.
The slowness OF the other leading journals
in making comment apparently indicates
that the present phase of the agitation has
spent its force. Undoubtedly the people
generally are very sore still, though they
admit extenuating circumstances in the
case OF the Americans.
While hope may be entertained that the
incident il practically closed, nevertheless
from the standpoint of Americas Far East
ern interests it would be unwise to mini
mize the seriousness Of the impression
produced.
This nation Is widely different in spirit
from the Chinese. A Japanese OF high
standing, who il in the confidence of the
imperial Government. said to-day:
CALIFORNIA; habitual attitude, which is
apparently beyond the immediate control
Of the Federal or treaty making Govern
ment, constitutes a perpetual menace TO
the smooth and diplomatic adjustment Of
the important questions that will undoubt-
eddy arise in the Orient, thus jeopaTding
American interests that are more valuable
than any germane to the Pacific SLOPE
LONDON. Oct. 27.-Sir Edward Grey,
Secretary for Foreign Affairs, will be asked
next week in the House of Commons whether
there is any provision in the existing treaty
between Great Britain and Japan that
safeguards the British dominions from
beng involved in a war with the United
States on behalf Of Japan.
WASHINGTON, Oct. 27.-Until the return
Of Secretary Me.calf from San Francisco,
whittier he started to-day to investigate the
alleged discrimination against Japanese
school children, the Federal Government
will take no action toward righting the
wrong which Japan says has been COM
mitted against her subjects in violation Of
treaty provisions.
The action brought in the United States
Circuit Court at San Francisco to compel
the Board Of Education to reinstate a Japa-
nese scho 1lboy is a private affair to which
the Federal Government il not a party, but
the Government may decide to take a han
in the case if it Is shown that the treaty
privileges OF a Japanese have been violated.
The United States District Attorney at
San Francisco. who was directed to make
an Investigation Of the charges OF discrimi-
nation, sent a telegram to the Department
OF Justice to-day IN which he reported
merely that private legal proceedings had
been instituted and ave no account Of the
origin Of the troubles which have produced
a strong anti-American feeling in japan.
Before determining what course to pursue
the President Inc his advisers want TO be
sure on two points: First, has there been a
violation Of the treaty rights Of Japanese
subjects; and second, should the first point
be determined in the affirmative. has the
Federal Government the power TO compel
the State authorities OF Cal fornia to recog-
nize those rights? The bel ef is general in
Administrators circles that the Federal
Constitution gives to the Government the
power to punish violations Of treaty obi
cations, ever when these violations com-
prise offences over which the State has ex-
elusive jurisdiction where American citizens
are involved.
Upon the other point, however, there is
no willingness to express any opinion.
Officials maintain that a decision upon
that phase of the question will depend
mainly upon Secretary Metcalf's report.
Little is known here OF the causes which
produced the seeming discrimination
against japanese school children, and it
Is admitted that there nay have been good
reasons, particularly in the present en-
barrasslng conditions in San Francisco,
consequent upon the chaos produced by
the disaster of last April. There can Do
no doubt. however, that the Administration
will do everything in its power to placats
Japan.
Many public men lave maintained that
the constitutional provision that treaties
should be recognized as the supreme law
Of the land takes precedence over all the
State rights guaranteed by the Constitu-
ton. There have been occasions when
this question was brought to the fore, but
no Federal Administration has ever gone
to che extent OF attempting to take out Of
the hands Of the State the adjudication Of
cases involving offences against foreign
subjects when those ~offences were likewise
violations Of treaty rights. The Roosevelt
Administration is. however, giving serious
confederation TO this momentous question,
although it ia realized that in most cases
II would be impossible for the Federal
Government to punish violators Of treaty
rights where public sentiment in the com-
munities where the ~ofences we're COM
mitted upheld the violations.
Take, for example, the lynching Of Ital-
ians in New Orleans after they had been
acquitted Of murder by a jury. Had the
Federal Government then interviewed and
attempted to ecu convictions Of the mob
leaders, who were prominent citizens, its
- -u...l1 ka.v. onu0A e. nANks-- e. Al.