Amador ledger., 1907-02-22
Washington
Letter.
Washington, February 8, 1907.

4
Mayor Schmitz of San Francisco
with the board Of education as al
escort are expected to arrive here very
shortly In response to the president,
expressed desire to consult the educa
tional authorities relative to the
Japanese school squabbIe. Dispatches
from the Pacific coast have seemed te
foreshadow recession on the part oI
the board of education from the posi-
tion 1t has so firmly maintained. Ir
return for new treaty with Chins
excluding Japanese and Corean coolies
from this country as we exclude the
Japanese. But whether the president
really has the negotiation OF such q
treaty in view aE this time is moi
known. 1t is pretty certain, however,
that the visitors from California will
make this demand upon him, though
with what result can not be con-
jectured. Every body who Is inter
ested In the Japanese school case
and nearly every body in the East Is
greatly interested-willb be anxious to
know what passes between the presi.
dent and the mayors party. A tilt
between him and mayor Schmitz Is
likely to be something out OF the
common, ana presence at 1t would be
worth double the price OF admission.
AS to the school question itself, 1t
is pretty generally conceded that San
Francisco has acted within her right,
and that the treaty with Japan can
not be construed to abrogate the
stRte law. No less a person than hon.
Richard OIney OF Boston, at one time
secretary Of state, and acknowledged
to De one OF the soundest constitu-
tional lawyers in the country, is very
decided In his opinion that there can
be no legal interference with the
state on account OF the action of the
san Francisco school board. He
bases his contention on this clause
OF the treaty:
1t Is, however, understood that
the stipulations contained in this and
the preceding article do not 10 any
way affect the laws, ordinances, and
regulations in regard to trade, the
immigration Of laborers. police, and
public security, either in force or
which may hereafter be enacted In
either Of the two countries. +"
In regard to this, Mr. Oiney says
am unable to see how the mean
ing and effect OF the paragraph Just
quoted can be misunderstood. 1t
embodies an expressed declaration
that the stipuIations of article / are
in no way to affect the laws, ordin-
ances, and regulations with regard to
police and public security, which are
in force. or which may hereafter be
enacted In either of the two countries.
In other words, the congeries of
important powers known as the police
power Ia untouched and unimpaired
by this treaty. @
ut follows that. as 1t has never
been doubted, and will not now be,
that the regulation of its public
schools is an exercise OF the police
power belonging to eachsstate. What
California has chosen to do with re-
ference to the San Francisco public
schools raises no question under the
treaty with Japan, and is subject
matter with which the national
government has no right to ooncarn
itself.
I'm short, the entire police power
OF the country, being reserved by the
treaty in favor Of either the United
States or the several states, and the
establishment, maintenance and or
ganization Of the public schools of
each state, coming under the police
power OF that state exclusively, Japan
is wholly without cause of complaint
against California by reason OF Its
public school system. and the United
States is without legal ground of
interference with that system, vi ct
armis or otherwise"
The people in southern Siskiyou
county, in and about Sisson, are
agitating the question OF irrigation
for III, 600 acres or more eof land that
was once covered by magnificent
forest, but which ia now denuded and
barren without water. 1t Is believed
that water can be very easily secured
from the headwaters OF the Sacra-
mento river, and by a canal Of 6iteen
or twenty miles In length can be led
to all this waste land, which can then
be made one of the very productive
parts OF the state. Senator Perkins
has taken the question up with the
Interior department and will see what
can be done. 1t Ia probable, how
ever, that great difficulty will be
found In the fact that the denuded
timber lands are In very few hands,
while the irrigation Law forbids the
sale OF water to more than 160 acres
in the hands of one owner. Were
the 10000 acres owned by Individuals
holding not more than 100 acres it ia