The Montgomery advertiser., 1909-02-06
MAKES PLEA
 FOR THE LAPS California's Governor Sends a Message. URGES soLoNs TO GO SLOW Calls Attention to Alarm Felt by
 Roosevelt. rh,nks school Bni May Bring Asedt Cemplicassens That Misht In- veive Estire Cosntry--
 quotes President.
 
soLoNs TO GO SLOW

Gillette sent the folloWing speSihl mee sage bearing on Japanese legislatien to the Senate and Assembly todsy'
 "Gentlemen:
 Believing that there should be further and more careful considera- tion of assembly, bill No. 14. which pro- vides that boards of school trustees shaii have the power to establish separate schools for children of Japan ese aud that thereafter they shall not be admitted into any public school. and further believing that the enactment of provisions of said bill will at this time affect the interests of the entire nation ana perhaps seriously, most respect fully request you to consider the vote by which the said bill was passed and take the matter up for further and most careful consideration.
 Within a few hours after the pas sage of said bill, the president of the United States. alarmed at the possible Of the. enactment of such a law. sent to me telegram contain ing the following language:
 ""rhis is the most offensive bill of all and in my judgment 1t is clearly and we shall at once have 70 test it in the courts. Can it not be stopped in the legislature or by yeto?' "
 "A telegram so forcible as this, com ing from the President of the United States Is entitled to full consideration and demands that no nasty or ill-con- sidered action be taken by this state which may involve the whole country.
 Tt seems to me 1t is time to lay and personal opinion and other considerations aside and take A broad and unprejudiced view of the in- portant questions Involved in the pro. posed Iegislation and in calm and dis passionate manner pass upon them. keeping in mind not only the interests of our state but of the nation as ySeII the duty We owe to 1t in observing the treaties entered into by fl with a Friendly power" ..-s-,s-- Ff
 Trouble Two Years AEo.
 Two years ago, the question now un. der consideration. engaged the atten- lion or eur kcvernment and Japanese, because of q resolhtIon adopted by the Board of Education of San Fraiicisco directing that sil Chinese. Japanese ana Korean children be sent to the Oriental Public Schools. Japanese at once called the attention of our koyernYi,ent to this resolution. which it claimed. discriminated against its subjects, and was in violation of its treaty rights. Our government acqufesced in the views expressed by Japan and to en- force that nations right under it's treaty commenced an action in the Cir cult Court of the United States to en- join the School Board of San Francisco from carrying out the provisions of said resolution.
 This action was-neyer tried; but was dismissed on the withdrawal by the School Board of San Francisco of the resolution complained of. Every one supposed that thIs vexed question was settled. In fact. the people of the State had about forgotten 1t. and were no longer paying much attention to 1t until the bill under consideration was introduced in the Assembly. There has been no guaranty for such action, there is no immediate or present danger to our schools. and no bad Influence exists therein by reason of the attendance of any Japanese pupils attending our pub- lie schools and there is no occasion, at present at least. for unnecessary alarm. It Is claimed by Japanese, and admit ted by the authorities in Washington. that if the bill Is passed. 1t will be In violation of the treaty existing between the two governments"
 Without expressing any opinion up- on thls subject. the Governor calls at tention to the views of Japanese con- ceded so far by our government to be correct, and quotes the treaty proViR- ions guaranteeing to Japanese the rights and privileges of the most fs- vored nations.
 The Governor points out that thA children Of all European nations are granted the privilege of attending tbA public schools of California and that . State law makes compulsory the af- tendance of all resident children whether aliens or citizens
 Japan" continues the Governor, "un- der its treaty being one of the favored nations, and being jealous of the rights @ it's citizens, claims for them and their children the same rights ana priv- ileges as are accorded to the subjects of other favored nations. This claim our government recognizes and stands ready to enforce. If the treaty, as claimed. guarantees to Japanese chII- dren the rights and privileges accorded to the children of other nations, then those rights and privileges. so long as the treaty remains, should be observed. and if our morals and citizenship are to be endangered thereby, then the treaty, so far as it guarantees thai right, should be annulled by the gener- nl government as this State has no power to do so While the treaty with Japan does not, and cannot require a State to establish or maintain a system of public schools or to admit alien resi-. dents therein. yet 1t is contended by the authorities in Washington that the United States can. by treaty. assure to the resident citizens Of that nation . treatment and enjoyment of rights and privileges equal those afforded to the citizens of any other foreign nation; and if a State should see it to extend privileges to alien residents as well as to citizen residents. the State would not be allowed to discriminate against the citizens of that country with which the treaty has been made If the State grants certain privileges to the citizens of one foreign country. 1t cannot deny them to the citizens of an- other. having the same rights by treaty.
 Cannot DAaerimlnate.
 Tt is further contended that if State chooses to supply education as a governmental function it cannot dis crIminate by excluding from It's public schools. the alien children of any par tIcular nation enjoying treaty rights. In speaking of the action of the Scho6f' Board of San Francisco, Secretary Root said: No State can set up its laws as against the grant . of any particular rights privileges or Immunity, any more than against the form of another right. privilege of immunity. No state can say a treaty may grant to alien residents equity of treatment as to property, but not as to education.