The San Francisco call., 1907-02-19

IN both houses of Congress FEBRUARY IS shall
prove inefeetual for the purpose, herein men
toned and intended, every effort will be made
by him not only to obtain a treaty with Japan
authorizing legislation by both Japan and the
United States to exclude from each of their
respective territories the immigration of all sub
jects of the other of said nations who are la
borers, skilled and unsktlled, but in any event
he viii favor such form of legislation as will
In the most speedy manner accomplish the re-
suits desired.
The national Government has no purpose what
ever TO attempt to infringe upon the rights of
California as a sovereign State, and the pur
pose of the administration of the national Gov
TO friendly nation with which it had treaty
to ascertain as matter of international comfy
and courtesy whether or not by the true con,
been accorded TO the subjects of Japan.
In view of our numerous interviews with the
President and our understanding thereof we
feel that the question whether the right at
issue was or was not given by treaty has been
passed and has been absolutely eliminated from
one of comfy and public policy. Such being the
case, we are fully in accord with the view of
the administration to the effect that the attain
ment of the exclusion Of all Japanese laborers
skilled or unskilled, should not be complicated
with or endangered BY the exercise of right Of
segregation by the School Board. authorized by
section 1852 Of the Political Code of the State
Of California
As a condition to the modification of the reso-
luton respectfully insist that the legal pro-
ceedings heretofore instituted be dismissed forth
with and that Ii is expressly understood that
we have not conceded, and do not concede, or
intend to concede, that our action In viola
tion OF any of the stipulations of the treaty
between the United States and Japan, but on
the contrary, we do claim and assert that IF
any stipulation IN said treaty contained is in
consistent or conflicts with the power and au-
thority given by section 1862 of the Political
Code of the State of California then so FAR as
said treaty attempts to circumscribe or rreyent
the Board of Education from regulating its own
school affairs, as aD exercise of local nolce
power, such provisions In said treaty are nuga-
tory and void.
l
1t is therefore proposed BY the Board of Ed
ucation OF San Francisco to modify the order
segregating the Japanese public school ehildpen
of San Francisco heretofore made by amending
the resolution TO read follows:
Section Children of alien races who speak
the English language. in order to determine
the proper grade in which they may be entitled
their educational qualifications by the principal
of the school where their application for en-
rollment shall have been made
Section 2-That no child of alien birth over
the ages of TO- IL. H. 13, II. ID or 16 years
shall be enrolled in any. of the first. second,
grades. respectively.
Section 3-If said alien children shall be
found deficient in their ability to speak or de-
fcient in the elements of the English language
or unable to attend the grades mentioned in
section 2 by reason of the restrictions men
toned therein. such children shall be enrolled
IN special schools or in special classes estab-
manner the Board of Education shall deem
proper and most expedient
The State Department. since the passage to-
up again the negotiations that were already in
progress with the Japanese Government looking
to the regulation of Japanese immigration into
the United States 1t is expected the nego-
tiations viii result In agreement between
Japan and the United States for the withholding
| by the former of passports to japanese of the
working classes seeking to enter the United
States.
For several Years past the Japanese Govern
ment has declined to issue any such passports,
but the intention is TO make this matter for
nal agreement II possible. IN the short time
remaining of the present session of Congress 1t
is not possible. it is said, to frame anything in
the nature of treaty which would require the
action of the Senate. In fact it IS by no
means certain that formal convention is necss-
ssry to insure the continuance of the present
Japanese policy of refusing passports to the
United States 70 coolies, so 1t may be decided
TO give this agreement another form than a
treaty.
The Department of Commerce and Labor be-
ing in charge of immigration, will at once. upon
the signature Of the immigration bill, broceed
to instruct the collectors at the various ports of
entry of the restrictions placed upon the ad-
mission of immigrants by the new act
No mention is TO be made OF Japanese labor
ers. but the collectors will be en1oined to en-
force the passport provision OF the new act,
which will meet the needs of the Pacific Coast
Mayor SchTnitz said:
This is only a temporary agreement. Presi-
dent Roosevelt has given us direct and positive
assurances that he viii at once begin negotia-
tions with Japan for the purpose of bringing
about new treaty that viii exclude Japanese
laborers. skilled and unskilled, from continental
United States
Shortly after midnight the following