The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-19

The embarrassing japanese situation
was practically adjusted yesterday when
the House of Representatives adopted the
conference report on the immigration bill,
which the Senate had already approved.
A provision granting authority to the
President 10 exclude alien laboreTs who
come to the United States without pass
ports is contained IN the bill. which now
goes TO President Roosevelt for his sigma
ture. 4 treaty with Japan bringing thar
government into agreement with the
passport legislation win h0w-be nego-
tiated
When the action Of the House was
made known to him. Mayor Schmitz. Of
San Francisco, who came here with the
board of education Of that city to confer
with President Roosevelt and Secretary
Root over the alleged discrimination
against japanese pupils Of the San Fran
cisco schools, issued a prepared state
ment, in which it was said that the regu-
lation excluding japanese from the white
schools viii be modified in such a way that
the japanese government viii have no
ground for a claim of unfair treatment
The modification Of the regulation viii
be merely technical. Tt VIII not give
japanese pupils greater advantages than
they now have. but viii remove the
charge Of discrimination in that the pro
vision that they shall attend separate
schools VIII apply to All non-English-
speaking persons Of certain prescribed
ages.
A japanese, or any other alien who
speaks English and is within the pre-
scribed age limit, may attend a white
school. Thus the INSTRUMENTATION
clause Of the existing treaty with Japan
VIII be observed. This treaty provides
that japanese must be given all the
privileges and benefits granted 10 the
citizens Of the most favored nation.
Mayor Schmitzs statement was read 10
President Roosevelt and Secretary Root,
and Is entirely satisfactory to them.
Board Insists on Its Right.
In the statement is a declaration on the
part Of the board of education Of its su-
pegior right over a treaty to control the
public schools of San Francisco, and that
so far as the provisions OF the treaty
with Japan eircUmscribes or prevents the
board from exercising its powers. they
are null and void. This is construed by
the Californians TO be an admission on
the part of the administration Of the
States rights of California. inasmuch as
the President has given his approval TO
the statement.
The legal proceedings which have been
instituted in san Francisco TO test the
validity of the action of the board Of
education will be dismissed upon motion
of the government This President RoOse-
welt has agreed to. upon the request OF
the board of education. The board in
sisted. so the statement says. upon this
action. because if the proceedings were
continued the right OF the board to take
the action it did would be tacitIy ques-
toned, and the board was not willing 10
have such a question left open.
The original resolution barring japanese
from the public schools Disseminated. and
Intentionally SO. against d particular race.
This is what the japanese government OBJ
jected to. and the administration here was
informed in plain terms tnat the negotia-
tions for new treaty could not progress
until Japan was shown in some satisfsc-
tory way that no discrimination was in
tended. and that the existing treaty would
be observed in every way. The San Fran
cisco board of education has now agreed
10 change its former resolution so that il
viii read as follows:
Text Of Modified Resolution.
Section /. Children Of all alien races
who speak the English language, in order
to determine the proper grade which they
may be entitled to be enrolled, must first
be examined as to their educational quail
fcations by the principal of the schools
where the application for enrolment shall
have been made.
Sec. > That no child Of alien birth over
the ages of nine. ten. eleven. twelve. thir-
teen, fourteen, fifteen, and sixteen years
shall be enrolled in any OF the first, Sec
ond, third, fourth, fifth, sixth, seventh, or
eighth grades. respectively.
Sec , If said alien children shall he
found deficient in their ability TO speak or
deficient in the elements of the English
language. or unable 20 attend the grades
mentioned in section . by reason Of the re-
strictions mentioned therein. such children
shall be enrolled in special schools or in
special classes established exclusively for
such children as and in the manner the
board of education shall deem proper and
most eXpedient.
There are now ninety-three japanese
children in the schools of San Fran
cisco. The age limit fixed for admission
to various grades. together with the re-
quirements that the children have GER
tain knowledge of the English language.
will make IL impossible for practically
all of the children to get into the white
schools and accordingly. they must go
into the separate schools to be estab-
lishcd. There has never been any con-
tention that the board of education had
no authority to refuse Japanese adnis-
sion to the schools. but it has been held
that they must admit them as long as
there was no similar discrimination
against children of other nationalities.
The treaty with Japan says most clearly
that the japanese must be given all the
privileges and benefits granted the eit-
zens of the most favored nation.
Mayor Schmitz'S StRtemeHt.
The statement issued by Mayor Schmitz.
with the exception of the draft of the
new resolution OF the board of educa-
ton. as quoted above, follows:
we find that the administration and
Congress are entirely alive to the situa-
ton in California and we feel they are
anxious TO meet the wishes OF the Califor-
mans They are also desiroUs Of keeping
on the best possible terms with Japan.
and of doing nothing which can break
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