New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-02-01
PRESIDENTS LETTER
Quotes SECRETARY ROOT.
Gircs Governor Gdlett Insight into
Relations zCith Japan.


objection to a law which treated all aliens ALIKE
but that to avoid conflict with the Constitution such
statute should contain an expressed provision eA-
cepting from its operations any rights secured OS
treaty between tba, EEi;ed States and foreign ma
tions.' Mr. Roosevelt that this has his cordial
Endorsement
The letter which is dated at the White House
January %, follows
Ny Dear Governor; Prior to receiving YOUR letter
Identical kilograms TO the Secretary OF state ana
myself ana 70 the Senate. The Secretary of state
Hon ). y. Gett. Governor Of California, sacra-
i see no objection to the passage Of law which
real property 70 avoid conflict with the Constitu-
ton OF the United States aoweDeT such ssStG1s
from It's operation any rights secured by t tf
See decisions Of the Supreme Court Of the United
htss IN the Tasss al ait EdWard Wheaon
Reports sSs eorey aet Riggs 183 tinted States
Reports, 25s and long line Of similar II GeGis 5 oy
me s now received YOUR letter and the copies
of the bills. The Secretary OF State has su5mttei
10 me the following memorandum wmch mas my
''Memorandum for the President on bills n the
California Legislature relating or supposed 10 re-
4 have been able only to make a very cursory
first Impressions quite possible that upon care
selves Senate bin Il. entitled An Act 10 Pro.
California This appears to apply 10 aIlens s gen en-
orally, and in that view ls nee rom sPeTeI Co
/
shsL naTs suG Tga az az 6 70 Pnted states under
the laws OF the nation under which such alien be
longs or by treaties with the United states, eA
this act the constitution OF the state This IN
verts the order Of authority. ,,,,,. -. .o,,+
or question by repeated decisions OF the Supreme
Gourt OF ne united STATES fat "a o1Tone as
against inconsistent provisions OF either the stat
expressed provision OF the Constitution o. we
United States under which the state OF CaLfornla
admitted the Union. The treaties between
the Cnlted states ana consldeE apie nuln s U
fccegn nations have reciprocal provisions for re-
personal property. It is perfectly we'll settled thar
the making OF such reciprocal provision is within
accorded 70 them BY these treaties except as they
may be affected BY the provisions Of the OF the
constitution Of California the precise reverse IS
that their rights prescribed limited in the
s ss as 5ey 9rs tst5 anq true If ali
aliens. the citizens or subjects Of nations which
have such treaties as have described WITH the
I'm TIE particular case Of Japan the second artI-
the citizens of each in the other country trade
sale or retail in all kinds Of produce, manufact-
Hres and merchandise Of lawful commerce, either
with foreigners or native citizens or subjects and
p-bicb Insv he rccassaTL for them ard Lease land
for residential and commercial purposes, conform
regulations OF the country like native citizens
In opinion. this provision does confer
rights 10 either own hire agricultural lands, but
Is limited 10 owning and hiring lards and the
purposes. including within commercial purposes
birth manufacture and trade. To the extent that
the I4gislature Of California to change in any
way he provisions Of the treaty or % Impose any
Limitations inconsistent herewith To the extent
Of owning or hiring lands Tor asEicGI'G " PIIT
poses SO far as Japan Is c9nfGeTaed u IS csaTiy
own laws and n i gratifving TO Observe that It
Is the purpose OF this bin 10 make those laws gen.
Assembly Plll Is entitled Az Act e g Regulate Late
s.ip OF LEE b. " 1st yag IS rSpe ssar1
bly, bill q apply in substance to tbs act As bear.
Geographic correspondence had between the Gov
teieg-am from the Governor dated Saturday last,
and NY reply 81 This morning IN my reply you
TS6 hi IA .diay1s S6iSb VII save their treaty rfshts
lalEs oS 1ii. I 49, s,,-,o 90 ne 5s-isons ~
the Supreme Court on the subject.
secf5n iSs2 Of ' the Political code This BIZ aims
70 repToduce in the fonl y nich created SO I5!Ct
age the specific discrimination against Japan in
Of this discrimination the part OF the San Fran
cisco School Board that the NATIONAL government
enabled to bring about the informal agreement
or arrangement with Japan under which the W., two
preventing the coming of japanese laborers TO this
The essential feature Of this arrangement is the
adoption by Japan OF series OF strict and effective
Nth the government Of the United states prevent
ing the issue OF passports for the United states %
'At the same time the President. in the exercise
OF power especially conferred upon him by CON
gress. part of the Arrangements. prevents the
indirect immigration OF japanese VINO DO not
passports 1r the Fn S s e4 from to 'b he
passed that arrangement with the japanese gov
eminent would necessarily come 10 an immediate
end The people OF the State Of California have
to consider. not the question whether they VIII
have the present arrangement through which Jap
n o5 are fsI ROY hut OT GhST teg T substitute This
legis alton for the exclusion OF japanese aborers,
= have no doubt that what the people Of Cali |
fornia would sacrifice by the enactment Of this act
would considering their own interests alone. be OF
far greater value and Importance than the legislation
Itself. The exclusion of Asiauc la6orers through
the case of China proved to be far more success
full and satisfactory than would the exclusion
without the aid OF the government oy the simple
enforcement OF a statute on this side of the Pa.
chc The same would inevitably be The case
with Japan No exclusion act passed ny congress
would be so efficient the present arrangement.
ana II SolLd oe 3S saoc o3 vt-r
ing ana resentment the consequence OF "lcLl
would be OF the most serious CHARACTER NAV
soSGoI Roard Shows that there is no occasion
whatever for such legislation, for that regu-
discriminating regulation. l am Informed by
them. proved entirely satisfactory and effective 10
accomplish ali that they wished 10 accomplish by
the discriminatory regulations.
Viewing in larger aspect the relations Of Cal
find words strong enough 10 characterize the VIC
latoH OF patriotic duty which would be involved
ing a serious affront TO friendly nation and GER
tain to plunge the entire Union into the doubtful
conditions OF enmity 10 great and hitherto most
friendly people which is our nelgh6or upon the
To this memorandum have little to add The
United States government has no objection to thu
enactment Of law IN California as regards ne
the suggestions of the Secretary Of State COM
plied with as Contained IN me above uenora r5,,rr
Such & law would he in any substantial Re
speot different from similar laws that have been /
GLIDING Japan itself have similar laws.
randrn1 the federal government would most en- |
object IN passage proposed