The Washington herald., 1907-02-09
SATURDAY. FEBRUARY 9. 1907.
Nr. Olney on the Japanese Treaty.

M OluG9 Oh me JApdHCSG treaty
Mr.. Richard Olney's contention that the
treaty between the United states and
Japan in express terms excerpts from its
operation the whole police power of the
States proves too much, for cases may
Be conceived where the treaty would
Contravene State legislation in pursuance
of the police power, and in such cases
there can be no question that the treaty
would prevail over State legislation. An
instance bearing directly on this point is
the attempt of Oregon, some years ago, to
forbid the employment of Chinese on pub
lie improvements. The State statute was
declared by the Federal Circuit Court 10
be in contravention of the treaty with
China, which, in terms almost precisely
those Of the japanese treaty. guarantees
to Chinese resident in this country "the
same privileges, immunities. and exemp-
tons in respect to travel or residence as
may be then enjoyed by the citizens or
subjects of the most favored nation" In
its opinion the court said.
Nor can it be said with any show Of reason that
the treaty does not contemplate that the Chinese
shall have the right % labor while in che United
States. Il implicitly recognizes their right to make
this country their home. and expressly permits them
TO become permanent residents here and this neces-
sarily implies the right to live and labor for Iiv-
ing"
No one can seriously contend that sach
an exercise of the police power of "A
State as that attempted by Oregon would
not De in contravention of the treaty
with Japan; and so il is obvious. in the
light of the decision above quoted. that
The police power of the States is not ex-
ccpted, as Mr.. Oiney argues, from the
operation Of the treaty It may be OBJ
served that the japanese treaty also re-
stricts the taxing power Of the States by
providing that japanese shall be subject
TO no higher imposts or charges than ma
tive citizens or the subjects of other
nations In fact, the treaty, as indeed is
The case with every other treaty, abounds
with restrictions upon the powers of the
States, and it has been held In numerous
cases that the laws of the States must
give way before the provisions of treaties.
in compliance with the constitutional PRO
vision that treaties shall be the supreme
law of the land. the laws of any State
10 the contrary nOtWitl standing.
Whether the existing treaty with Japan
does really confer upon japanese subjects
the right Of education in State schools
IS another question which appears like
ly to become altogether academic in view
OF the present attitude of the admins
tration. President Roosevelt is reported
as now regarding the school controversy
as not d question OF treaties and laws
but of the decent treatment Of a friendly
nation. II is "a matter of give and take,
of amicable negotiation. and Of fair and
reasonable settlement on grounds of ex-
pedienCy. In this frame Of mind he ap-
proaches the San Francisco authorities
who are about to confer with him, Il is
to be hoped that they viii be moved by
the Ike spirit Of Cancellation, and that
they viii see the national interests to be
above any purely local considerations in
the conduct Of our foreign relations.