New-York tribune., 1906-10-27
TREATY SUPREME LAW
TEST IN JAPANESE CASE
Constitution To Be InUoked- -Ques-
ton of States Rights in New Form.
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provisions of treaty. and the doctrine of
ststes' rights seems destined to receive the Sc
verest blow It has experienced since the Civil
War
Previous administrations have remained help
less or supine in the face OF local action which
has seriously embarrassed the nation in its re-
Istions with foreign powers and outrages within
the boundaries of the states have gone unpun-
sshed by the federal government because of the
belief that the federal government was with
out Jurisdiction.
II has remained for Elihu Root. the present
Secretary OF State. to enunciate the principle
that the Constitution of the United States af-
fords ample authority TO compel observance by
e state Of the provisions Of an international
;-eaty.
Article VI of the Constitution of the United
States declares:
This Constitution. and the laws of the United
States which shall be made in pursuance thereof
and all treaties made, which shall be made.
under the authority OF the United States, shall
be the supreme law of the land; and the judges
in every state shall be bound thereby anything
in the Constitution or laws OF any state to the
contrary notwithstanding
Confident that Secretary Root is correct in his
belief that there is full authority under the
Constitution. the administration will promptly
endeavor TO put a stop 10 those determinations
against japanese citizens which local authori-
,ies within the State of California have been
and are practising in violation Of Article l. Of
the treaty Of 1894. between the japanese EN-
pre and the United States Of America.
COURT PROCEEDINGS INSTITUTED.
Already proceedings have been instituted in
the United States Circuit Court, in San Fran
cisco by a japanese whose child has been ex-
Guided from the public school because of his
nationality. and who has been led TO understand
thai he VIII receive the support and assistance
OF the Department Of Justice in his suit. Act
ing in these proceedings, the Circuit Court has
issued an order to the Board Of Education, citing
that body 10 show cause why an injunction
compelling the reinstatement of the rejected
pupil shall not issue.
This test case may lead to protracted litiga-
ton as II IS the intention of the administration
10 carry the case to the United States Supreme
Court, if necessary. and 10 establish the propo-
sition asserted by Secretary Root that local au-
thorities must, in accordance with the sixth
article of the Constitution. comply with the
provisions Of the supreme law of the land as
embodied in treaties with foreign nations. and
that judges must enforce such supreme law.
state Jaws. and even state constitutions ITO the
contrary Notwithstanding"
Within comparatively recent years have &C.
Cured the italian lynching in New Orleans IN
which number Of italians were forcibly taken
from Jail and lynched: the Rock Springs mine
incident IN which a number Of Chinese subjects
we're murdered the maritime case N Charles
ton. s c. IN which a German sea captain was
forciby taken from his vessel, flying the flag
Of the German empire. and incarcerated in a
local jail in labor dispute. and in these and
other instances the federal government has
been compelled to meet the demand for in
dennity from foreign nations without appar-
entity. having recourse against the state in which
the outrages were committed, or authority to
compel greater respect for its treaties with for
eign nations
II fact. numerous instances have occurred
tutonal or statutory, whereby state and local
authorities could be compelled TO respect the
agreements made by the federal government
with foreign powers. seemed imperative. and
Richard Olney, Secretary OF State in the Cleve-
land administration, appealed 20 Congress for
such law. but without avail
IF CASE WERE REVERSED.
The difficulties encountered by the State De-
partment in attempting to explain to foreign
government, while depored by the Federal Gov
ernment- is without the scope of its author
Try. become Immediately apparent when a re-
versal of the conditions is assumed and it is re-
hected what would be the temper of the people
Of this country it. in fragrant violation Of
treaty with Japan, for instance American citi-
zens in some part of that empire were perse-
cuted and the japanese government replied
10 the protests Of the State Department that.
while recretting extremely that American ciu-
zens hac suffered such injustice. the region or
Japan in which the outrage had occurred was
under he sole Jurisdiction Of the local authorities
and without the purview Of the japanese i'm
peria authorities. And IL Is reasonable 10 as
sumo that the indignation with which such ar
explanation would be received here would De
70 greater than that with which such an ex-
planetion PUT forth by the State Department
would be received in Japan.
But while all Secretaries OF State have doubt
.ess felt embarrassment because OF what they
conceived to be an absence Of such authority
either constitutional statutory, II has re-
nai1ed for Secretary Root 20 submit the sixth
article Of the Constitution as afording ample
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