The Birmingham age-herald., 1907-04-20
Root Speaks at American So- cieIy International Law
STATE RIGHTS NOT INVOLVED
Secretary of State Delivers Address at Society's First Meeting on "The Real Question Under the
 Japanese Treaty.

Washington April 19.-That there was never danger of war between the United States and Japan over tho recent contro- versy regarding the segregation of Japan csc in the public schools in San Francisco was made clear by Secretary Root in an address on "the real question under the Japanese treaty and the San Francisco school board resolution,' at the first an- nual meeting of the American Society of International Law which convened here today. State rights. Secretary Root de- clared, were not involved.
 Mich of the afternoon was devoted to a discussion of the Drago doctrine which former Secretary of State John W. Foster declared was originated by Alexander Hamilton. Wm. Barnes, Sr., of Massa- chusetts, introduced d. resolution asking the society to go on record as considering it degradation of the function and pur- pose of the navies of the world to pervert them to the duties of debt collectors, and the lowering of the dignity of admirals of the navies to force them to perform th5 duties of constables, bailiffs and sher- ifs. The resolution, which also carried an indorsement of the Drago doctrine, was referred to the executive committee. Among those who spoke were General de Amaral of the Brazilian embassy and Amos Shercy. University of Indiana.
 The opening session was well attended. Secretary Root was the first speaker. He said in part:
 "Gentlemen-In opening this meeting of tn American Society of International Law, which I hope will be the first of man.- meetings ip unbroken succession to continue long after we personally have ceaaed to take part in affairs, let me vel come you to the beginning of your labors for more thorough understanding of th.s important and fascinating subject. 1t is impossible that the human mind should be addressed to questions better worth it's noblest efforts, offering a. greater oppor- tunity for usefulness in the exercise of its powers, or more full of historical and contemporary interest, than in the field of international rights and duties.
 ''Ths change in the theory and practice of government which has marke- the cen- turv since the establishment of the Amer ican union has shifted the determination of great questions of domestic national policy from few rulers in each country to the great body of the people, who rem der the ultimate decision under all mod e.n constitutional governments. Conci- der. with that change the practice of diplomacy has ceased to be a mystery confined to a few learned men who strive to give effect to the wishes of personal rulers, and has become a representative function answering to the opinions and the will of the multitude of citizens, who themselves create the relations between states and determine the issues of friend- ship and arrangement, of peace and war.
 Never Danger.
 'Under the new system there are many dangers from which the old system was free. The rules and customs which the experience of centuries had shown to be essential to the maintenance of peace and goo. understanding between nations have little weight with the new popular mas ters oe diplomacy: the precedents and agreements of opinion which have carried so great part of the rights and duties of nations toward each other beyond the pale of discussion are but little under stood. The education of public opinion. which should lead the sovereign people in each country to understand the definite limitations upon national rights and the full scope and responsibility of national dul.es, has only just begun. Information. understanding leadership of opinion in these matters so vital to wise Judgment and right action in international affairs, are much needed. This society may serve as collegium, in the true sense of the word, in which all who choose to seek a broader knowledge of the law that gov erns the affairs of nations may give each to the other the indictment of earnest and ..thful study and may give to the great body of our countrymen clearer view of their international rights and respons- bilities.
 ''I shall detain you from the interesting programme of instruction and discussion which has been arranged for this meeting only by trying to illustrate the kind of service that the society may render. in a few remarks intended to clear away a somewhat widespread popular misappre- hension regarding question arising un- der a treaty of the United States.
 Entire Harmony.
 Tt is a pleasure to be able to say that never for a moment was there, as be- tween the government of the United States and the government of Japan, the slightest departure from perfect good tenn per, mutual confidence and kindly con- sideration and that no sooner had the views and purposes of the governments of the United States, the state of Cali fornia and the city of San Francisco been explained by each to the other than entire harmony and good understanding resulted, with a common desire to exer- else the powers vested in each. for the common good of the whole country, of the state, and of the city.
 "The excitement has now subsided, so that it may be useful to consider what the question really was, not because it is necessary for the purposes of that particular case, but because of its bearing upon cases which may arise in the future under the application of the treaty making power of the United States to other mat fers and in other parts of the national domain.
 Tt is obvious that three distinct dues- lions were raised by the claim originat- Ing with Japan and presented by our na- tional government to the courts in San Francisco. The first and second were merely questions of construction of the treaty. Was the right to attend the primary schools a right, liberty, or privi- lsge of residence? and. if so, was the linl- ltation of Japanese children to the ori-