The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-29
The Great Question Between the
United states and japan.

very O|ppOTUunSly inc seCouu hulilO0i
of the International Lao Quarterly pre-
sents for its leading article an address
delivered by Secretary Roof at the meet
ing of the American Society Of Interna-
tional Law in which was discussed the
real question raised by the conflict be-
tween the Japanese treaty of 1894 and
the San Francisco school board resolu-
ton. 1t was made clear in this address
that the treaty rights Of the Japanese
had been violated by the resolution Of
the San Francisco school board, which
Disseminated against Japanese pupils
as compared with the children Of certain
other resident aliens. Mr.. Roof, how
ever, did not stop with that demonstra-
ton, but went on to show that the ques-
ton of paramount importance is m not
of international law but Of international
sentiment. Against popular sentiment
treaties are waste paper and diplomacy
is empty routine. The real question which
underlies all the recent discussion of the
purport and effect of the treaty of 1894
is this: Are the people Of the United
States about to break friendship with the
people OF Japan?
In this address, of which the authori-
tative text is now published for the first
time, Mr.. Roof proves that the President
and Senate when making the treaty Of
1894 we're constitutionally empowered to
declare that il the State Of California
chose to provide a system OF education
which should include alien chiIaren it
must not exclude the particular alien
children of Japanese descent. Now, the
State of California did choose to provide
a system Of education which vas to in
clude alien children, but it did direct the
establishment of separate schools for
Indian, Chinese or Monaghan children,
and declared that these children must not
be admitted to any other school building.
It was in pursuance Of this statute that
the San Francisco school board passed
the discriminatory resolution against
which Japan protested.
Mr.. Roof cites a number Of pertinent
and conclusive decisions by the United
States Supreme Court to show the adop-
ton Of the unvarying rule that when a
s4-4- z4o1,to nond;o+a nth a trooty tbo
former must fall before the latter, even
when the provisions Of a treaty relate to
matters concerning which our Federal
Congress itself has no power to legis-
late, but upon which in the distribution
of legislative powers under the Consti-
tuition the power to legislate was re-
served 10 the States alone. II follows
from these decisions that the treaty
making power alone, which is lodged in
the President and Senate, has authority
to determine what rights, privileges and
immunities shall be accorded to foreign
ers visiting or residing in our country.
No State can set up its laws as against
the grant Of any particular right, priv
ilege or immunity any more than against
the grant of any other right, privilege or
immunity. No State, for example, a
say that a treaty may grant TO alien
residents equality Of treatment al 10
property but not as to education; or as
to the exercise OF religion and as to burial
but not as to education; or a to educa-
ton but not as to property or religion.
That would be substituting the mere will
Of a given State for the Judgment Of the
Federal President and Federal Senate in
exercising a power committed to them
and prohibited to the States by the
Constitution.
There was therefore no real question
Of power arising under the Japanese
treaty Of 1894 and no real question of
State rights. Neither was there a prac-
teal question Of war with Japan. Mr..
Roof testihes that all the talk about war
N0b b1IlEdNlblldi dHu lHlobilotiNp W. DV-
cause there never was even the SEM
blsnce Of any friction between the two
Governments. There was, however, a
profound and serious question which had
been raised by the foolish attempt Of the
State Of California and the San Francisco
school board to nullify a treaty right Of
the Japanese. That question was: What
state Of feeling would be created between
the great body Of the people Of the United
States and the great body Of the people
Of Japan as a result Of the treatment
which had been given to the Japanese In
this country? What was to be the effect
upon the proud, sensitive, highly civilized
people across the Pacific OF the discount
cay, insult, imputations Of inferiorty and
Lbuse aimed at them in the columns Of
American newspapers? What would bv
y