The Washington herald., 1909-04-24

IF separate schools for bIonds and
brunettes were to be established, and
separate schools for the rich and the
poor, II would be looked upon as piece
Of foolishness. yet the legislature OF
California seeks to segregate the japanese
and Chinese" said former Justice Brown.
OF the United States Supreme Court, in
reading a paper before the American So
ciety Of International Law, at the New
Willard last night
Justice Brown declared public schools
were established for the education Of the
younger population Of the country, and
as such were intended TO break down the
habits, beliefs, and teachings Of aliens
instilIed in their minds by the teachings
Of the country from which they came.
In the course Of his reading on The
Development Of international law BY
judicial decisions il the United States"
Justice Brown touched on the recent
agitation for exclusion Of japanese and
Chinese children from the public schools
OF California and said that by the terms
Of the treaty with Japan, which allows
aliens 10 enter and reside in the coun-
try ard travel about the country. the
California legislature could not Iegislate
10 exclude the aliens from The schools
This. he said. would be the case If the
treaty was construed TO mean that resi-
dents q the United States have the
privilege Of entering their children N
the public schools.
Japanese Have Recourse.
The speaker sass .ae CaHfo. sssnz. n
seeking 10 keep the Japa aese ana Chinese
out Of the schools OF that state. gave as
their reasons TO relieve congestion. and
10 prevent. literally speaking. contamins-
ton o. the morals OF American children
/ by contact with the children OF foreign
/ ers' He declared the Importance at
/ taChed TO the issues at stake 10 be IN
warranted. as there are. he said, only
about Ies japanese there who wish -
enter the public schools with American
children
/ Mr.. Justice Brown then told Of the
( steps that might be taken by japanese
who wished 20 enter in the schools and
might be prevented by state laws lie
/ said an appeal could be made 20 TIE
state courts and. should the plaintiff BE-
ruled against. an appeal could be taken
10 higher courts until the United States
/ supreme Court should be reached Should
( the Supreme Court decide against the for
I eigner. he would then have recourse 10
I the Hague Tribunal
/ The question Of the right Of japanese
Z 70 educate their children IN the schools
+ OF the United States said Justice Brown,
/ hinges on that OF whether the treaty
rights allowed The alien DO not allow
I him to educate his offspring IN the public
/ schools II Is held here and abroad. lie
said. tnat the state has Jhe right 10 rs-
/ fuse education 10 aliens. yet there is a
! great probability that the contention OF
residence. as allowed by the terms OF the
treaty. would not cover the matter OF
/ free use Of the pubic schools
Question Not Serious.
That the question IS not serious. said
| the speaker. is shown by the solving Of
/ the difficulty in regard 20 the negro race
/ by the establishment OF separate schools
Probably. he said. the japanese would
not take umbrage If they we're put IN
separate schools. Yet. he said. California
( has no right 10 exclude the japanese and
/ Chinese from their public schools unless
they exclude the irish. Poles. Germans,
and other foreigners. He then made al
fusion TO the criticism that would greet
J the establishment Of separate schools for
blondes ard brunettes. poor and rich.
In cozcluding that part OF his address
dealing with the japanese question JUS
tice Brown said that while the japanese
exclusion question might not be Of great
| Importance at the present time. some tine
we may be driven TO much more drastic
measures 70 keep this an Anglo-Saxon ns-
ton"
Justice Brown also made mention, n
tracing the gradual accession to power OF
the supreme Court. and construction 10
he placed on the terms OF the C0nstitU-
ton Of the laws regarding pTize money
paid te the navy. He said. IN this con-
nection. that should war occur, the aboli-
{
Of prize money might place the United
States navy at a serious disadvantage,
ard probably would lead 10 the repeal Of
this act
Following Jcsssce Brown, Chief Justice
PeeIee. OF the Court OF Claims. spoke or
( judicial decisions Of the United Stats as
affecting the development of International
law. and Senor Alsjandro Alvarez. OF the
Mexican Embassy. spoke at length on
American international law.
senator Root Opens Session.
The third annual meeting OF the society
was opened yesterday morning by Senator
Eiihu Root. president. who expressed the
opinion that disputes involving the rights
Of nations can be settled with justice and
equity far better through an international
court Of arbitration than through the fine
hand Of diplomacy
Senstor Root made a strong plea FOR
recognition Ct a permanent international
Continued on Page ?, Column ..
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