New-York tribune., 1909-02-06
JAP MEASURES HELD Up
THE GOYERNOR'S MESSAGE
School Segregation Bill Introduced
an the Senate.

Sacramento. Cal. Feb 5-speaker Philip A stan
ton took the floor to-day and obtained by strong
personal appeal unanimous consent of the Assem-
bly, 10 postpone further action on the Japanese
school segregation bill until next Wednesday BOZ,
houses adjourned until Monday after the schooi 0'
had been introduced in the Senate
He declared he had information which he couo
not reveal that proved the Assembly was tfeadlhs
upon dangerous ground in passing the anu %
anese bill yesterday At the end or the SpeaA ACT
address Grove L. Johnson, author Of the measure
asked that the matter of reconsideration OF s
days vote be put over until Wednesday, ana MS
motion carried without dissent.
The Governor sent a special message to the House
to-day raising the point of the Dis constitution
aIity, and this the subject OF long deodts'
during which 1t was suggested by leaders on oo'i'
sides that the measure be referred to the Commit
tee Judiciary and submitted TO the A'tofheS
General for an opinion to its legality
Senator A Caminetti. in introducing the Johhsoh
Japanese school segregation bill In the Senate sao
Since the question Of admitting Japanese chll-
dren in public schools is again the suD3ec' oL
consideration and Il IS said that the state mas h'
Jurisdiction thereon owing to our treaty Win Sap'
II becomes the duty Of the Legislature 10 consider
it, II for no other than TO assert the SOW
eregnty OF California and the right TO cohoact anu
control our public school system-riShts WHlCh aIe
not and cannot under our system or government
be the subject OF treaty stipulation with any for
eign government. This. 1t appears to me- we
should do, lest by scquiescence and silence we
stimulate the movement now encroaching upon me
rights Of the "tates.
THE GOVERNORS MESSAGE
Governor GHlett's special message to the Senate
and Assembly was as follows:
Believing that there should be further and more
careful consideration of Assembly bill No. Il, which
provides that boards of school trustees shai nave
the power establish separate schools for children
of Japanese and thereafter they shall not be ad-
mitted into any other public school, ana turthes
time. affect the interests or the
entire nation, and perhaps seriously. most re-
which the said bill was passed and take the matter
up fer further and most careful consideration: 80
M Peseh nfW o 4he nte a5fsT 't as alarmed At the
possible consequences of the enactment OF suCh
law. sent TO me telegram containing the follow
This is the most offensive bin OF all and. in my
judgment, Is clearly unconstitutional and We shali
at once have to test II in the courts. Can not
be stopped in the Legislature or by veto?
A telegram forcbIe this, coming from the
President of the United States Is entitled TO tIII
consideration. and demands that no hasty or I'll
considered action be taken by this state which may
involve the whole country
IT seems to me it is time lay sentiment and
personal opinion and other considerations aside and
take a broad and unprsjudiCed view OF the tmpor-
and in calm and dispassonate manner pass upon
them, keeping in mind not only the interests OF
to It In observing the treaties entered into by II
with friendly power.
The Governor points cut that the children Of all
European rations are granted che privilege OF
attending the public schools California and that
state law makes compulsory the attendance OF
all resident children whether Of eliens or citizens
Two years ago the question now under considera-
JaUan because OF a resolution adopted by the Board
of Education Of san Francisco directing thst an
tie oriental public schools. Japan at once called
which II ella med Disseminated against its subjects
and in violation 81 its treaty rights. our gov
Japan and % enforce that nation rights under lie
commenced action in the Circuit Court u
san Francisco from carrying out the provisions OF
This action was never tried. hut vas dismissed s
Francisco o. the resolution complained or Every
supposed that this veXsd question was settled.
it md r'ere No longer paving iha9h attention to it
m IN. h ss.e,lIv n .rsATs Tss hsen n" general do
mand for such legislation; there Is no Immediate
ente exists therein by reason OF the attendance Of
any japanese pupils attending our public schools: &
unnecessary alarm IL is claimed by Japan and adj
ef b Pg assnd g @ be n N Roson 81 the treaty
existing between the two governments
without expressing any opinion upon this subject
the Governor calls attention the views Of Japan.
conceded by government to be correct.
and quotes the treaty provisions guaranteeing To
japan the rights and privileges of the most favored
nations. He continues:
Japan under it's treaty. being one OF the favored
zens claims for them and their children the same
jects OF other favored nations This claim our gov
ernmeHt recognizes and stands reauy 10 enforce.
II the treaty. claimed. guarantees To Japanese
children the rights and privileges accorded TO the
children OF aliens Of other nations. then those
rights and privileges. so long the trenty re
citizenship be endangered thereby then the
treaty, so far as II guarantees that right should
state has no O power @ Ye do So Whe the ' treats
with Jala docs not and can not require state
establish maintain system OF public
schools or 10 admit alien residents therein, Vet
that the United States by treaty assure 70 the
resident citizens OF that nR tton treatment and
ioNrtn of rff-hI md priN IN hos.
afforded to the citizens OF any other foreign a
ton. and If state should ft extend prfvI-
leges to alien residents well s to citizen resi-
dents, the state would not be allowed to discrimi-
against the citizens of that country with
which the treaty has been made. II the state
grants certain privileges to the citizens OF for
of another having the same rights by treaty.
n is further contended that If state chooses
to supply education as a governmental function it
cannot discriminate by excluding from its public
schools the allen children OF any particular nation
enjoying treaty rights. In speaking OF the action
of the school board OF San Francisco Secretary
the grant of any particular rights privilege i'm
munity any than against the form Of another
right. privilege or immunity. No state say
treaty may grant to alien residents equity or treat
ment as To. property, but not to education.
There were questions of policy, questions of
tiona interest and state interest rising under the
administration Of treaty regarding the applica
tion Of this provision to the conditions existing
the Pacific coast.
ways the interest of every state and city and
the protection of the interests OF locanty I'm
the country Is always the true interest of the
nation"
These words strikingly true. and the wisdom
of them should be observed and considered by you
in your deliberations.
violate any treaty made by our country or i'm sanv
manner question its good faith. / respect