Los Angeles herald., 1909-02-06
PRESIDENT WINS
ANOTHER BATTLE
In LEGISLATURE
ACTION SEGREGATING JAPAN
ESE PUPILS DELAYED
STANTON GETS INFORMATION
CAUSING GRAVE FEARS
Senator BirdsalI Strikes at Chief For-
ester Pinchot-Anti-Fo Bill
ntroduced-Adopton
Assured
fContinued from PAGE one,

Continued from Page one)
the president of the United States, is entitled
to full consideration and demands that no
hasty or ill-considered action be taken by this
state which may involve the whole country.
Lay Everything Aside
Il seems to me it is time to lay sentiment
and personal opinion and consideration aside
and take broad and unprejudiced view of the
important question involved in the proposed
legislation and in a calm and dspassionate
manner pass upon them, keeping in mind not
only the interests of our state but of the ma
tion as well, and the duty owe to it in OBJ
serving the treaties entered into by ii with a
friendly power.
Two years ago the question now under con-
sideration engaged the attention of cur govern
ment and Japan, because Of a resolution
adopted by the board of education of San Fran
cisco directing that all Chinese japanese and
Korean children be sent to the oriental public
schools Japan at once called the attention
of our government to this resolution, which it
claimed Disseminated against it's subjects, and
in violation Of its treaty. 1t contended that the
admission of alien children of other foreign
countries into the public schools of San Fran
cisco and the denial of that right to the chill
dren of its citizens residing there constituted
a denial to them of the privileges, liberties and
rights relating to the rights of residence ac-
corded to the subjects and citizens of the most
feyored nation.
Agreed with Japan
Our government acquesced in the views ex-
pressed by Japan, and to enforce that nations
rights under its treaty commenced action
ia the circuit court of the United States to
enjoin the school board of San Francisco from
carrying out the provisions Of said resolution.
1t was alleged in the bill in equity filed there
in that the passage of this resolution violated
the treaty between Japan and this country
and prevented the United States from carry
ing out its treaty obligations to the empire of
Japan and to its citizens and subjects as is the
right and duty Of the United States, and i'm
peratively demanded by the national interests.
This action was never tried, but was dis
missed 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 it and were no longer
paying much attention to it until the bill under
consideration was introduced in the assembly.
There has been no general demand for such
legislation there is immediate or present
danger to schools and no bad influence ex-
lists therein, by reason of the attendance of any
japanese children, so far known.
In fact, there are but very few japanese
pupils attending our public schools and there
is no occasion at present at least for any un-
necessary alarm
Japan's Views Sustained
1t is claimed by Japan and admitted by the
authorities in Washington that the bill if
passed will be in violation of the treaty exist
ing between the two governments. Without
expressing any opinion upon this subject, it
being a debatable one, 1 wish to call your at
tention to the views of Japan and conceded
so far by our government to be correct. There
is contained in the present treaty with Japan
the following language, towit:
In whatever relates to rights of residence
and travel the citizens or subjects
of each contracting party shall enjoy in the
territories of the other, the same privileges,
liberties and rights of the most ia
Vored
The rights Of residence in a nation secures
police protection to both persons and property;
the right to engage in business; the right to
the protection of the courts, and the laws Of
the land; the right to own and dispose of prop
erty; the right to attend places Of public
amusement; the right to seek pleasure and en-
jCyment and the right to acquire an education.
BY constitution and laws the state of
California has provided free public school
system where certain privileges have been pro-
Vided for all resident children, native born and
alien. To support this school system. money
IS raised by taxation levied upon the property
OF both citizens and aliens.
The law also provides for the compulsory at
tendance of all resident children whether of
aliens or citizens. To public schools are
admitted the children of a subject of all Europ-
nations This is a great privilege which
our state extends to them.
Residence Gives Right
This right is given to them by virtue of their
residence within tbs state and is part of our
public policy to encourage eudcation and to
improve and develop the minds and character Of
those who make their homes here, independent
of their citizenship.
Japan, under its treaty. being one of the IA
vored nations and being jealous of the rights
of its citizens, claims for them and their chill
dlen the same rights and privileges as are
accorded to the subjects of other favored ma
ticns. This claim our government recognizes
and stands ready to enforce.
If the treaty, claimed, guarantees to
japanese children the rights and privileges
accorded to the children of aliens of other ma
tions, then those rights and privileges, so long
as the treaty remains, should be observed, and
If morals and citizenship are TO be en-
dangered, thereby, then the treaty, so far as
pIIar n hat iohf SaO hp 4
by the general government, as this state has
power to do
While the treaty with Japan does not and
can not, require state to establish main
tain system of public schools, or TO admit
alien residents therein, it is contended by the
authorities in Washington that the United
States can by treaty to the resident citi-
zens of that nation a treatment and enjoyment
of rights and privileges equal TO those afforded
to the citizens of any other foreign nation and
II a state would see mt to extend privileges to
alien residents, well to citizen residents,
the state will not be allowed to discriminate
again the citizens of that country with which
the treaty has been made.
Must Not Discriminate
If the state grants certain privileges to the
citizens of one foreign country it can not deny
them to the ciizens of another, having the
same rights by treaty.
1t is further contended that if a state chooses
to supply education a governmental function
il not discriminate by excluding from its
public schools the alien children of any par
In speaking of the action of school board at
San Francisco Secretary Root said:
mo state can set up its laws as against the
grant of any particular right, privilege or i'm
munity. No state can say treaty may grant
to alien residents equality of treatment as to
property but not to education
There was a question of policy, questions of
national interest, and state interest arising
under the administration of the treaty and re-
garding the application of this provision to the
conditions existing on the Pacific coast
The best interest of the whole country is al
ways the true interest of every state and city.
and the protection of the interests of every
locality in the country, is always the true in
ter est of the nation.
These words are strikingly true and the wis
dom of them should be observed and con
sidered by you in your deliberation
1 trust that action will be taken which
viii violate any treaty made by our country
in any manner question its good faith
most respectfully submit this message to you,
with the full hope and belief that when final
action shall be taken nothing will be done
which can be the subject Of criticism by the
people of this nation. and that law will be
enacted which will be in contravention of the
constitution or any treaty of the United States.
(Signed) J. N. GILLETT, Governor
PRESIDENT ROOSEVELT
GREATLY DISPLEASED