The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-19

whether or not by the true construc-
ton of that treaty such right or rights
had been accorded to the subjects or
Japan. In view of our numerous inter-
views with the president and our un-
Outstanding thereof we feel that the
question whether the right at issue was
or was not given by treaty has been
passed and has been absolutely elm
mated from this controversy and the
proposition involved is one of comfy
and public policy Such being the case.
we are fully in accord with the view OK
the administration to the effect that at
tainment of the exclusion of all Jap
aneSe laborers, skilled unSk1lled,
should not be complicated with or en-
dangered by the exercise of the right Oh
segregation by the school board, au-
thorized by section No. 1862 of the polit-
ical code of the state of California
Dismiss Legal Proceedings.
LAS condition to the modification we
respectfully insist that the legal pro-
ceedings heretofore instituted be dis
missed forthwith and that it is express
ly understood that we have not conced-
ed and do not concede, or intend to con-
cede, that our action was in violation OF
any of the stipulations of the treaty pc
tween the United States and Japan Dut
on the contrary we do claim and assert
thatif any stipulation in said treaty con-
tanned is inconsistent or conflicts with
the power and authority given by sec
ton No 1862, of the present code or the
state of California then so far as SAID
treaty attempt to circumacrioe or pre-
vent the board from regulating its own
school affairs as an exercise OF loca i
police power such provisions IN salo
treaty are nugatory and void
1T therefore is proposed by the ooa1u
of education of San Franclsoc 70 lilU ,eI,b
the order seggregating the japanese pup
lie school children of San Francisco
heretofore made by amending the reso-
luton to read as follows:
Section 1-Children OF an aIlen
in order to determine the proper grade
which they may be entitled to be en-
rolled must first be examined as 70
their educational qualifications oy the
principal of the school where the ap- |
plication for enrolment shall have |
been made.
"Sec. 2-That no child of alien
birth over the ages of 10, IL, II, IL,
IA, Is, or Is years shall be enrol!eo IN
any of the first named second, third' |
fourth, fifth, sixth, seventh or elghth
grades respectively.
Sec. 3-If said alien children shall |
be found deficient in their ability to
speak or deficient in the elements OF
the English language, or unable 10 at
tend the grades mentioned in section
by reason of the restrictions mention |
ed therein such children shall be en-
rolled in special school or in special
classes established exclusively for such !
children as and in the manner the
board of education shall deem proper
and most eXDedient-
The state deoartment since the pas
sage today of the immigration bill, is
prepared to take up again the nego-
-iations that were already in progress
with Japan government looking to |
the regulation of Japanese immigra-
ion into the United States 1t is ex- !
Dected the negotiations will result in
an agreement between japan and the
United States for the withholding by |
he former of passports to Japanese of
he laboring classes seeking to enter
he United States. For several years
past the Japanese government had de-
elined to issue any such passports but
he intention is to make this matter of
formal agreement If possible.
In the short time remaining of the
present session of congress 1t is not
possible. it is said. to frame anything
n the nature of a treaty. which would
require the action of the senate. In
sact it is by no means certain that a |
formal convention Is necessary to in
sure the continuance of the present
Japanese policy of refusing passports
% the United States to coolies. so it
nay be decided to give this agreement |
another form than a treaty.
The department of commerce and |
ahor. being in charge of immigration,
will at once upon the signature of the
immigration bill proceed to instruct
he collectors at the various ports of |
entry of the restrictions placed upon
he admission of immigrants by the
new act No mention is to be made of
Japanese laborers but the collectors
Will be enjoined to enforce the pass
port provisions of the new act which
will meet the needs OF the Pacific
coast