The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-02-01
JAP LAWS MUST
Be WITHIN TREATY
President Roosevelt Advises Caornians What Extent
they will be Permitted to go with Auti-Japanese Leg
islatlon-Sends Copy Of Root Lstter-Strong OBJ
H. lection to School and Segregation Measures.

regulations of the country like ma
lttve citizens or subjects.
"n my opinion this provision
does not confer rights to either own
or hire agricultural lands, but is linn
tied to owning and hiring lands and
the structures there on for resfden-
tial and commercial purposes, in
tluding within commercial purposes
both manufacture and trade. To the
extent that these rights go, that is
to say, as TO say as to residential
and commercial purposes. it is not
competent for the legislature of Cal
ifornia to change IN any way the
provisions of the treaty or to impose
| any limitations inconsistent there
with. To the extent of owning or
hiring lands for agricultural pur-
ccrned, 1t is clearly competent for the
state of California to enact its own
laws. and it IS gratifying to OBJ
serve that It is the purpose of this
hill to make those laws general as to
aliens.
3,Assenil1y bill rs, entitled "An
act to regulate ownership OF posses
sen of lands by aliens" The OBJ
servations which have made re.
garding assembly Dll n apply in
substance to this act. As bearing
upon both acts. transmit herewith
a copy of telegraraic correspond
cnce had between the governor CT
| al'fomia and myself consisting of
telegram from the governor dated
Saturday last, and my reply of this
morning. In my reply You will per-
celve that | suggest the insertion of
clause in any. legislation regard
ing the holding of lands by aliens
which will save their treaty rights
and that also refer to some of the
decisions of the supreme court on the
subject.
Z" Assembly hill IL, entitled ''An
act to amend section 1862. of the pol
!tical code. j" This bill aims to re-
produce i'm the form which created
so much natural resentment on the
/ part Of Jaran two years ago the spe-
cihc discrimination against Japanese
in the schools 1t was by securing
! the abandonment of this disorlmina-
! tlcn on the part of the San Francisco
! school Board that the national gcv-
! crnment was enabled to bring about
the informal agreement or arrange
ment with Japan under which the
| two countries are new harmoniously
/ a.ld successfully preventing the
coming Of Japanese laborers TO this
country
9" The essential feature Of this ar
/ rangement is the adoption by Japan
OF a series Of strict and effective regu-
| lat.ons determined upon after full
| discuss 'ons with the government OF
the United States preventing the is
sue Of passports for the United States
TO Japanese laboTers. At the same
| time the president in the exercise OF
power especially conferred upon him
by congress as part of the arrange
ments, prevents the indirect immigra-
ton OF japanese who do not carry
rassports for the United States from
the Japanese government. II this b1l
were to be passed, that arrangement
with the japanese government. If
this bill were to be passed, that ar
rangement with the Japanese gov
ernment would necessarily come to
am immediate end The people OF
the state OF California have to con-
s'der not the question whether they
will have the present arrangement
through which japanese are now
being excluded, plus such legislation
as this, but whether they will substl-
tute this legislation for the exclusion
OF japanese laborers.
I have no doubt that what the
people Of California would sacrifice
by the enactment Of this act would.
considering their own interests alcne,
be OF far greater value and import
ance than the legislation itself The
exclusion Of Aslatic laborers through
the cooperation of their own gov
ernment has, in the case OF China
proved to be far more successful and
satisfactory than would the exclusion
without the aid Of the government by
the simple enforcement OF statue
on this side Of the Pacific. The same
wCnld inevitably be the case with
Japan. No exclusion act passed by
congress would be so efficient as the
present arrangement and II would be
accompanied inevitably by ill-feeling
and resentment, the consequence Of
which would be OF the most serious
character. j may observe that the
acceptance OF the San Francisco
school board shows that there IS no
occasion wateyer for amy such leg.s-
lation, for that regulation which they
adopted as a substitute for the dis
eliminating regulation, as | am IN
formed by them, proved entirely sat
isfactory and effective 70 accomplish
all that they wished to accomplish
by the d'gcrlmlnetory regulations.
Viewing in a larger aspect the
returns OF California TO the rest OF
the Union it is difficult to find
words strong enough TO characterize
the violation Of patriotic duty whlrh
would be involved in a causeless and
lobjectless enactment constituting a