Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-03
RIGHTS OF JAPANESE
Must Try the School Issue in
San Francisco.
SUPREME COURT TO DECIDE
Yale Professor of International Law
Upholds California.
COLONY IN THE MIDDLE WEST
Building an Oriental Resort and
Manufacturing Plant at Bay
City, Wisconsin.
DLONY IN THE MIDDLE WEST

SAN FRANCISCO. December 3.-The Call
today says:
School Director D. H. Oliver stated yes
terday that Secretary Metcalf before his
departure for Washington told the school
directors that he believed they were clearly
within their rights in establishing a sepa-
rate school for Japanese pupils. This would
tend to correct the impression that SecTe-
tary Metcalf has decided to favor the Japa-
nese in his report to the President. Inc
Secretary's report, it may be assumed, Will
conform to this assurance to the school
board.
, Attorneys versed in international law be-
lieve that the treaty between Japan ana
America in no way covers the points at Is
sue, ard the best that the United states
can do for the island empire is to institute
a test case in the federal courts, as has al
ready been done.
That the matter will be taken to the SUI
preme Court for final decision is now quite
evident and if it is decided there that the
japanese are not Mongolians, a contention
that has been made to divert the enforce
ment of the law requiring that race TO pc
kent in schools separate from white chill
dren 1t is quite certain that the state leg
islatlre at its next session will pass new
law to keep the japanese out OF the schoois
in which the Caucasians are tausht.
In an interview yesterday DIR. Walsh eN-
pressed sentiments similar to those of Mr.
Oliver.
Yale Professors View.
NEW HAVEN, Conn, December d
Judge Simeon Baldwin, formerly president
of the International Law Association anu
long professor of private international Id"
in Yale Law School, also acting chiet Juoge
of the Connecticut supreme court, yester-
dav discussed the Japan-California contro-
versy and suggested a means OF us auJuui
cation. Judge Baldwin said:
II think California has rig ht TO CON
fine admission to her public Schools 10 the
children of her own citizens. 1t Is only IN
case she gives 1t to the children OF foreign
ers generally but refuses it to the japanese
that any claim could be made against the
United States under the treaty. inere IS
also no doubt that treaty maze IN cases case;
within the limits of the treaty-maklng
mower oyerrides the laws and even the con-
stitution of state. Thus we made treaty
with France more than hunoreo yeas
ago by which Frenchmen were given me
right to inherit lands in any of the unlteo
states and the courts enforced the treaty
in opposition to state laws Whlch 1orpaoe
aliens to hold lands.
..If this treaty had provided that Jap
anese should be schooled at public cost IN
any state where they resided that "ou.u
probably have been beyond the treaty-mak-
ing power. for no state as Tegaru a,o Vie
United States is bound to have free schoois
for anybody; but II a state has Tree schoo!S
for some and not for others ana the ois-
elimination prejudice the interest OF the
United states then it would be competent
nv the treaty to forbid such discrimination
1t is very easy to bring this question TO
judicial test. writ of mandamus 10 co"-
pei the school board to admit any par
ticular child of japanese parentage resld-
ing in San Francisco, whose parents de-
sire his admission, will bring the whole
question up for decision. Then tne scnool
board would state its legal Justification
as it viewed it, and 1t would be for the
court to say whether it was sufficient II
not sufficient, the board would be ordered
peremptorily to admit the child.
Bay City Colony.
MINNEAPOLIS, Mimi, December b.
The invasion of the Mississippi valley by
Japanese Is proceeding at surprising rate
but so quietly that it Is scarcely observed.
At present Bay City, Wis, small town
on the Mississippi river. about ninety miles
below St Paul, is the rallying place o.
Japanese. There a small colony mas oought
several acres Of land on a lake shore, in
Guiding virtually all of the beach ana the
point making out into the river, aiia io Hns
famous as one OF the best nshlhs places
on the upper Mississippi. A score OF Japa-
nese have been at work for several weeks
cleaning this land and the beach. ana IN
the spring q landscape gardener Will arrive
from JaDan ana lay Out ZIG pAoPcAeJ 80
true Japanese style, making OF 1t a beauti-
full and unusual summer resort
But the Japanese are not TO De content
with an industry that is prohtable only IN
the summer. They have bought the pay
CITY roller mill and are negotiating Tor
other properties in and near the town eVi-
IDENTIFY with the purpose OF estaohshlns q
manufacturing center 1t is nkeiy tilat .ns
first buildings put up Will De canning
factory and a picking house. These Will
be some distance from the resort m
DR.. T. Kuma, who is at Bay city with
his wife and children, is directing the
work. He is a well-educated Japanese of
middle age and engaging manners. Last
September he went to Bay city 10 denver
an address in a lecture course ana re-
NAMED several days, ostensibly Tor no
other reason than that he enjoyed the rest.
But few weeks later he returned, began
negotiations for property and made seVcrai
purchases. Then several young japanese
came and took up their homes in houses
Dr. Kuma had bought. Now there are
more than score of characteristicany
Industrious and reticent Japanese in the
town. The Americans In the Town nave
received them cordially.
1t is understood that the Bay City colony
will number at least 200 next summer, and
that Dr. Kuma intends to establish other
colonies at favorable points In the upper
Mississippi valley when this one is well
under way. He appears to have good finan-
cial backing.
Chinese Boycott.
HONGKONG, December "a large
meeting has been held at Canton to con-
slider the disposal of accumulated funds
subscribed to maintain the recent boycott
on American goods. A resoiution was
adopted at the meeting to establish indus
trial institutions, with the object IN view OF
being independent Of foreign supplies.
Japanese From Mexico.
Ell, PASO, Texas, December 3.-Three
hundred Japanese have entered the United
States from Mexico through Eagle Pass
since November 1. They are leaving Mexico
because of alleged i'll treatment at the
hands of Mexican employers. The Japa-
nese contend that they were lured into
Mexico with promises of good pay and
pleas work on farms. On arriving IN
Mexico, however, the Japanese declare that
they are put to work in coal mines on little
wages and insufficient food. and are
wached by guards making condition Ut
tie better than enforced servitude.