Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-19

question whether the right at issue was or
was not given by treaty has been passed
aad has been absolutely eliminated from
this controversy. and the proposition IN
voved is one of comfy and pubic policy.
Such being the case, We are fully In accord
with the view Of the administration to the
effect that the attainment ee the exclusion
of all Japanese laborers, skilled and I'M
skilled. should not be complicated with or
endangered by the exercise of the right or
segregation by the school board. authorized
by section No. 1862 of the political code OF
the state of California.
.As condition to the modifie ationrof said
resolution we respectfully insist that the
legal proceedings heretofore Instituted be
dismissed forthwith. and it is expressly I'M
derstoOd that We have not conceded, ana
do not concede, or intend to concede, tnat
our action was in violation of any of the
stipulations of the treaty between the
United States and Japan. but on the con-
trary we do claim and assert that II any
stipulation in said treaty contained Is IN,
consistent or conflicts with the power ana
authority given by section No. 1867 OF the
political code of the state of California
then so far as said treaty attempts to CT
cumscribe or prevent the board or education
from regulating its own school anairs as
an exercise of local police power. such pro-
visions III said treaty are husatorS anu
void.
Modify the Order.
Pursuant to the foregoing statement It
is renorted that the board of education OF
the CITY and county of San Francisco Will
modify the order segregating the japanese
public school children of San Francisco
heretofore made by the resolution Of SAID
hoard adopted on the nth day of OCTOBER.
1gO6. bv amending said resolution to READ
in words and figures as follows, to wit:
"Section L. Children of all alien races
ubo sneak the English language, in order
TO determine the proper grade in which they
NAV be entitled to be enrolled. must hrst
he examined as to their educational quan
hcations by the principal of the scnooi
where the application TOT eHrohtheh' s"'i'
have been made. ,,.,
"Section q That no child of alien orth
over the ages of nine, ten. eleven, WE'VE,
thirteen, fourteen. fifteen or sixteen years
shall be enrolled In any of the first second,
third fourth. fifth. sixth, seventh OF eishth
grades respectively. ,u
Section g. If said alien children shall
he found deficient in their ability to speak
or deficient in the elements OF the
English language or unable to attend the
grades mentioned in section two oy reason
of the restrictions mentioned therein such
children shall be enrolled In special scnoois
or in SPECIAL classes established exclusively
for such children as and in the manner the
hoard of education shall deem proper ana
most eXpedtent. ~.
White House Statement.
Shortly before midnight last night the
following statement was given out at the
White House: ~
"a typewriter copy of Mayor Schmitzs
statement was submitted to President
Roosevelt and Secretary Root and the
statement is entirely satisfactory to them"
The State Department is prepared TO take
up again the negotiations that were already
in progress with the Japanese government
looking to the regulation OF Japanese I'M
migration into the United States. 1t Is ex-
1,ected that these negotiations will result
in an agreement between the government
Of Japan and that of the United States
for the Withholding by the former OF pass
norts to japanese of the labOring classes
Seeking to enter the United States. For
several years past the Japanese govern
ment has declined to issue any such pass
ports but the intention Is to make this
a matter of formal 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 a
treaty which would require the action OF
the Senate. In fact it Is by no means Ger
tain that a formal convention is necessary
to insure the continuance of the present
Japanese policy Of refusing passports to
the United States to coolies. so 1t may be
decided to give this agreement another form
than q treaty.
The Department of Commerce and Labor.
being in charge Of immigration, VIII at
once upon the signature Of the immigration
BIZ proceed to- instruct the collectors at
tons placed upon the admission of immf-
Grants by the new act. No mention Is to
be made of Japanese laborers, but the col
lectors will be enjoined to enforce the pass
port provisions of the new act which VIII
meet the needs Of the Pacific coast.