Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-26
COURT PROCEEDINGS BEGUN
Restraining Order Against San Fran
cisco School Board.
PROVISIONS OF THE TREATY
State Department officials Find Them
selves Confronted With the Old
Barrier of States Rights.

The japanese question was considered
by the President and his cabinet at the
regular meeting at the White House today,
but with what result has not been dis
closed
The meetin glasted two and one-half
hours. and was attended by all the MEM
bers except Secretary Shaw and Postmas-
ter General Cortelyou. Among the i'm
portant matters discussed was the situa-
ton growing out of the anti-American SEN
timent in Japan and the exclusion of jap
anese children from the public schools
at San Francisco. 1t was stated by a mem
Der of the cabinet after the meeting that
the general opinion of the members was
that the japanese situation was exceed
ingly grave and would require the most
delicate treatment to avoid an open rup-
ture.
Judicial Proceedings Instituted.
A dispatch from San Francisco says
that Judge Morrow of the United States
circuit court has issued a temporary order
restraining the school board of San Fran
cisco from removing a Japanese boy from
one of the public schools. The question Is
now before the UNITED States court, and
may eventually Feach the United States
Supreme Court before it is finally settled.
Attorney General Moody says it is not true
that the Department of Justice has brought
any injunction proceedings in the United
States courts to compel white schools to
accept Japanese children. 1t is stated that
such proceeding is now being heard before
the United States circuit court in California
and the Department of Justice is given
credit for having begun the action. Mr..
Moody said that this was not so.
AS stated in yesterdays Star the Japan
csc minister in this city has formally in
voked the aid of the United States govern
ment in protecting subjects of Japan in the
United States in all their legal rights under
the treaty of 1894. That treaty provides
that the citizens of either country residing
in the other shall enjoy the same rights as
native citizens. It is claimed that the ex-
clusion of Japanese children from the pub
lie schools at San Francisco is violation
of the provisions of the treaty. 1t was to
test that point that the judicial proceed
ings were instituted in San Francisco.
The Treaty Provisions.
The section Of the Japanese treaty bear
Ing on the case in point, is in part as fol-
lows:
THE citizens or subjects Of either Of the
two high contracting parties shall have full
liberty to enter, travel or reside in any part
of the territories of the other contracting
party, and shall enjoy full and perfect pro-
lection for their persons or property In
whatever relates to rights of residence and
travel; to the possession of goods and eff
fects Of any kind; to the succession to per-
sonal estate, by will or otherwise and the
disposal of property Of any sort and in any
manner whatsoever which they may law
fully acquire, the citizens or subjects of
each contracting party shall enjoy in terri
tories of the other the same privileges, lib
critics and rights, and shall be subject to no
higher imposts or charges In these respects
than native citizens or subjects, or citizens
or subjects of the most favored nation
The terms Of the treaty are very broad
and it is admitted that this government
may have difficulty in convincing Japan
treaty rights.
Restrained by States Rights.
But in dealing with this question the
State Department finds itself confronted
with the old and very delicate question of
states rights" 1t is realized here that it