The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1907-02-07
THE JAPANESE QUESTION.
Treaty Legislation Held Impossible
in This Congress.

Washington, Feb, president
Roosevelt has framed up two propo-
sitions relating to the exclusion of
Japanese children from the public
he intends to have the United States
supreme court pass He has his con-
tentlOrs outlined in the suit already
brought under instructions from the
department. of justice in San Francis
co and will carry them through all
intervening tribunals to the court of
last resort.
The propositions are these:
l. That the federal government has
a right to exercise such supervision
over the public schools of state as is
necessary to carry out treaty stipu-
lations because the government do
mates lands for the maintenance of
such schools.
2. That the Jaranese are not Mon
golians and can not be excluded from
the public schools on the same basis
as Chinese and other orien.als.
The legal experts of the govern
ment have carefully studied both
these propositions and believe there
is sufficient foundation for testing
that by donating lands belonging to
the public domain for the establish
ment of schools the federal authori-
ties retain some degree of control
over these institutions.
If the land were sold and the equiv
alent covered into the general treas
ury the right of limited supervision
would be eliminated. The assertion
is made that the donor always retains
to some extent control over his gift
and this same rule applies to the gov
eminent This question has never
been presented in the proposed form
for an opinion by the United States
supreme court. 1T has always been
conceded by large proportion of
public men thS. state has the same
jurisdiction over its school system as
is exercised in regard to police and
health regulations. De artment OF
Justice experts now hold that there
is wide difference and right of sup
erv;sion over schools remains because
of land donation.
This particular point will undolbt
eddy receive close attention from the
advocates of states rights. Senators
Rayner Whyte and Overman have
recently delivered speeches in which
this particular right of the federal
government was explicitly denied.
Many of the lower courts have re-
peatedly held that the Japanese are
not Mongolians. They are not class
ed with Chinese or other orientals.
The president is determined that
the supreme court shall pass upon
this specific proposition. According
TO the theory on which the depart
snent of justice is preceding the San
Francisco board OF education in con-
strung an act of the California legis-
1ature which prohibits Mongolians
from attending the same public
schools as white children classified
the japanese as Mongolians. 1t be-
came pronouncedly apparent from
the expressions of senators todaj
that a treaty giving Japan the most
favored nation treatment can never BIZ
ratified
A treaty stipulation giving Japan
the same treatment as is enjoyed by
citizens of the most favored nation
presupposes absolute equality on all
points and this further indicates that
the federal government assumes con
troll over the public school systems oil
the various states.
1t became evident today that al
least a year must elapse before any
treaty with Japan can become oper-
alive. A treaty of exclusion can not
be made effective without legislation
This will require the action of the
house as well as the senate The ex-
clusion of Chinese was not made
complete until bill was passed by
congress. But four weeks of this ses
sion remain and such treaty as tina
prop osed by the president can not be
ratified before adjournment