The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-02-05
Gov. GiIIett Sends Special Mes
sage to the Legislature.
NATION IMPERILLED.
Asks That Further COnSidera-
ton Be Given to School Bill.
Tells of FOrcible Telegram From
President Roosevelt.

Sacramento. Cal. Feb. 5--Gover-
nor Gillett sent the following special
message bearing on the Japanese
legislation to the senate and assembly
today:
Gentlemen: Believing that there
should be a further and more care
full consideration of assembly bill No
IA, which provides that boards of
school trustees shall have the power
to establish separate schools for
children of Japanese and further be-
lieving that the enactment of pro-
visions of said bill will at this time
affect the interests of the entire ma
tion perhaps seriously I request you
to take the matter up for further
consideration.
within a few hours after the pas
sage of said bill the president of the
United States alarmed at the possible
consequences of the enactment OF
such a law, sent to me a telegram. A
telegram so forcible as this coming
from the president of the United
States demands that no hasty or ILL
considered action be taken by this
state which may involve the whole
country.
TT seems to me it is time to lay
sentiment and personal opinion and
other considerations aside, keeping in
mind not only the interests of our
state, but of the nation as well and
the duty we owe to it in observing
the treaties entered into by it with
a friendly power"
The governor calls attention to the
protest of Japan against the resolu-
ton of the San Francisco school
board of two years ago, directing that
Orientals be compelled to attend their
own schools and the action of the
federal government in commencing
suit to have the order rendered
nuga tory This suit was dismissed
when the school board withdrew the
offensive resolution. The governor
declares that there is no present dan
ger to the California schools by rea-
son of the attendance of japanese
pupils SO far as is known.
Without expressing any opinion
thereon, the governor quotes I the
treaty guaranteeing to Japan the
rights and privileges of the most
favored nations.
Violates Treaty Rights.
The governor calls attention to the
contention of Japan, which is not re-
futed by the United States govern
ment that the bill as passed violates
the treaty rights of the empire. He
does not enter into discussion of the
merits of this position, stating that it
is a debatable question, but reiterates
that Japan would consider it an un-
friendly act to exclude from the pub
lie schools the children of its sub
jects.
The governor points out that the
children of all European nations are
granted the privilege of attending the
public schools of California and that
a state law makes compulsory the at
tendance of all resident children,
whether of aliens, or citizens.
IF the state grants certain privf-
leges to citizens of one country, the
governor says can not deny them to
the citizens of another having the
Sa ma rights bV treaty"
The opinion of Secretary of
State Root in the San Francisco case
is quoted by the governor in support
of his contention. In conclusion he
says:
at 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 no law
will be enacted which will be in con-
travention of the constitution or any
treaty of the United States"
The house decided unanimously to
postpone action on the Japanese schoo!
hill until Wednesday,.