New-York tribune., 1907-04-20

10 lIl6 opinions ana tte VIII OF tIlS
relations between states and determine the issues
s sSnaer the new system there are many dangers
and customs which the experience Of centuries had
SHOWN to be essential to the maintenance of peace
and good understanding between nations have little
weight with the new popular masters of diplomacy;
the precedents and agreements OF opinion which
nave carried so great part Of the rights ana
duties OF nations toward each other beyond the
education Of public opinion, which should lead the
sovereign people in each country to understand
the full scope and responsibility OF national duties,
leadership of opinion in these matters so vital 10
wise wise Judgment and right action in international
as a collegium. in the true sense of the word. in
which all who choose to seek a broader knowledge
OF the law that governs the affairs of nations
give each to the other the Indictment of earnest
of Onr Tfqdy and ay give TO the o & rsat 6
national rights and responsibilities.
TREATY QUESTION COMES Up
I shall detan you from the interesting pro-
gramme OF instruction and discussion which has
been arranged for this meeting only by trying
illustrate the kind of service that the society may
render, in few remarks intended to clear away
somewhat widespread popular mlsapprehension re-
Rarding question arising under treaty of the
The treaty Of November %, 1891, between tho
United states and Japan provided, in the first ar
The citizens subjects OF each OF tho two high
contracting parties shall have fun liberty 10 enter
other contracting party. and shall enjoy full and
perfect protection for their persons and prop
In Whatever relates to rights of residence and
any kind; TO the succession to personal estate, by
VIII or otherwise and the disposal OF properly Of
may Ia'vfully acquire. the citizens or subjects Of
OF the other the same privileges, liberties and
rights. and shall be subject TO no higher imposts
charges IN these respects than native citizens
subjects or citizens or subjects OF the most favored
The statutes of California establish the public
school system required by the constitution OF the
The statutes further provide that tho Board OF
ssa5sS Of s9 sa al as say9 1
Tegulations for the government AID efficiency OF
on October IL 1906 the Board OF Education OF
San Francisco adopted resolution In these words:
Section iSs Of tho School oi a iS Of Caona i Prn
Rnese or Corean children 10 the Oriental Public
School, situated on the south side OF Clay street
oSetwseen Powell and Mason streets on and after
The school system thus provided school privileges
Under the resolution OF the Board OF Education
the children OF resident aliens all other national
itieS were freely admitted 70 the schools Of tho city
In the neighborhood OF their homes while the chill
cluded from those schools and were not only de-
Prived OF education unless they consented 10 so to
liable TO be foTcibly compelled TO 10 to that par
ticuar school.
EXCLUSION OF JAPANESE CHILDREN.
After the passage OF this resolution admission to
the ordinary primary schools OF san Francisco was
denied TO japanese children. and thereupon the
government Of Japan made representations to tie
government or the United States that amuCh AZ
other foreign countries freely admitted TO tho
United States Were. by that exclusion. denied the
same privileges liberties and rights relating the
Fght or residence which accorded 10 the citf-
Zehs or subjects OF the most favored nation. The
the government OF the United States to the federal
court IN CaifoFnla and also TO the state OF
matter has been happily disposed OF without pro-
e Teearng , 10 !hagment In either case but in tho
the subject I'm the newspapers and in public meet
It is pleasure to be able 70 say that never for 4
moment mo was there as between the OF
me ChLted states and the government OF Japan
the slightest departure from perfect good temper
that had the views and purposes OF the
goyyernments Of the United States the state OF
Calif9Tnia and the city Of San Francisco been ex-
piained by each 70 the other than entire harmony
the common good of the whole country OF the state
BEARING ON FUTURE CASES
be Ths ss, s5Gitement te has sqbsded that it may
not because it necessary for the purposes Of that
particular case but because of its bearing upon
Picauon OF the treaty making power of the United
STATES 10 other matters and in other parts of the
Il is obvious that three distinct questions were
sented by our national government to the courts
"a "a san francisco The first and second were mere
y questions Of construction Of the treaty. Was
the right to attend the primary schools right. lib
the Limitation OF Japanese children to the Oriental
school and their exclusion from the ordinary
ScCois deprivation Of that right liberty or privi
Iege! These questions of construction and espe-
claliy tle second, are by free from
doubt: but they concern only the meaning OF a
particular clause I'm particular treaty they
not OF permanent Importance and the particular
occasion for their consideration having passed. they
need not now be discussed
Ihe other question was whether, II the treaty had
the meaning which the government of Japan as
cribed to it, the government OF the United States
had the constitutional power to make such treaty
agreement with foreign nation which should be
superior 10 and controlling upon the laws of the
State OF California. A correct understanding of
that question is OF the utmost Importance, not
merely as regards the State Of California, but as
regards all states and all citizens OF the Union
TO PREVENT DISCRIMINATION
There was a very general Misrepresentation Of
what this treaty really undertook to do. 1t was
assumed that in making and asserting the validity
ing the right to compel the State Of California to
admit Japanese children to its schools. No such
United States to compel state TO maintain pub
scboo M OF 70 id Ie pr w b % cbiin m S
any alien residents The treaty did assert the
right Of the United States BY treaty. to assure to
the citizens Of foreign nation residing In Ameri-
can territory equality of treatment with the clti
Zens of other foreign nations so that II any state
chooses to extend privileges to allen residents as
well TO citizen residents, the state will be for
hidden by the obligation OF the treaty to diserimi-
country with which the treaty is made and Will be
forbidden TO deny to them the privileges which 10
The effect OF such treaty. in respect of educa-
tion is positive and compulsory; It Is negative
state shall furnish educatoni It IS prohibition
against discrimination when the state does choose
says % everv state: III you provide a system Of
not exclude these particular allen children"
NO STATES RIGHTS INVOLVED
1t has been widely asserted or assumed that this
treaty provision and It's enforcement involved some