The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-04-23

-~tf4iav - IN. treaty ~ 1885 the
r+rste3 SSzt-s aas zs@-rtl-g r rsSk
+. ~cwlr@{ IRE state NJ California z"
admit Ja8zas@ children Ia 4S %En@oa~
Thai tr.stv 5af unfs ~ any T~s1S@bie
f.oSfr-+g41n 1@scrs the ettnoF4fS al
49, ftrFtes -tat- ~ comr%I 1uy safe
- maintain nGnllc hosA 7T I" *
TEND fnz privilege Of jas puoht a1et~
q. J~-auc@ children or n me eHt3-
dreu % az alien restdeHi~ ne
ucaty di1 assn ne ftsAi 81 thr
"a stats. bS treaty. &" assdgs 10 INC
n q foreign nation rtslasns
in American terril0rs equality 81
treatment WITH IN. citizens or other
foreign nations. So that = @uE Stat"
cho.--S - extend privileges u "t.eh
residents aS well - To citizen re~-
dent the slate Will L. fnrb4Gi bA
the obligation OF the rreaty 10 alN-
ar5mlnatc against tn" resident C:t-
Izens ~ the particular country WITH
which the treaty - made. ana VIII
10 forbidden 70 DENY 70 them the
privileges which IL grants - the clu-
gems 81 other foreign countries me
effect of such II treaty. II - OF
education. j. not positive ana com
ruisory. II Is negative and pronipi-
torv II j. not a requirement mat the
state shall furnish education. il = I
D~roribition against Discrimination
when thc state does choose n furnish
education. Ii leaves every State free
to have public schools or not. a "
chooses, but il a y to every state
III you provide a system Of education
which includes alien children. you
must not exclude these particular
alien children
~ has been widely asserted or as
sumed tina this treaty provision and
its enforcement involved some ques,,
ton Of states rights. There ~aS ana
Iis no question which was settled ~
- - wv 3.,.far nj rh.. Constitutions
Now il may be that the power out
lined above is not an interference
vith states rights." The "brainicst
man in IN. world' has said 50 At any
rate. But there can be no doubt Of
the fact that Il is The assertion Of
the right 10 violate what the country
as a whole has been pleased 10 con-
slider the prerogatives OF its scveia!
states. While the application Of the
doctrine IS. of course. limited by the
particular treaty 10 tn. japanese, the
| eject would be the same IS forcing
the Southern States. for instance,
10 elect between no public schools at
all and public schools in which whites
and negroes are indiscrirninately mix
ed. In the South it is the policy Of
| the States 10 maintain separate schools
for the white and cOlorcl races: in the
schools Of san Francisco. ii was deem
ed expedient 10 make the distinction
| between white and yellow children.
Yet. according 10 Nj. Root. the govern
mcnt has the power 10 say that this
shall not be done unless there are also
excluded from thc schools the white
children Of other foreign nations. ard
even children Of -Anglo-Saxon paren-
tage who are not naturaiizcd.
While il is true that the san Fran
cisco school question has passed into
history, the logic Of the situation as
~cxpoundcd by Mr. Root is interesting
and significant as affording a working
insight into the details Of the policy
vaguely asserted by the President Of
obtaining for the Federal government
greater and more positive powers il
necessary through judicial interpre-
t%ation.' And if in the fuiiness Of time.
panctuated by the puncture of their
respective Presidential bOoms, there
should be added TO the Supreme our
bench the proved intelligence Of Mr..
lAool anu LIit lot cttip VI LII, lIlt
Roosevelt idea Of amendment by
Interpretation" might gain the nucleus
Of a potent majority of the highest
bench.
IN the meantime, the ignorant
masses. who cannot distinguish be-
Tween the practical effect of compelling
the doing of a particular thing by
commanding that it be done, and by
prohibiting the doing Of something
else, Will concede the possession by