The San Francisco call., 1909-02-06

q tne 9endle ana ASSe1lDlN N--NTen-
tlemen: Believing that there should
be a further and more careful con-
slderatlon of assembly bill No. "a,
which provides that boards of school
trustees shall have the power to es
tablish separate schools for children
OF Japanese and that thereafter
they shall not be admitted into any
other public school, and further be-
lleVing that the enactment of pro-
visions of said bill at this time viii
affect the interests of the entire ma
tion, and perhaps seriously. / most
respectfully request YOU to recon
slider the vote by which said bill
was passed and take the matter up
for further and most careful con-
Sideration.
QUOTES PRESIDENTS WORDS
Within a few hours after the
passage of said bill the president
of the United States, alarmed at the
possible consequences of the enact
ment Of such a law, sent to me a
telegram containing the following
language:
This is the most offensive bill of
all, and IN my judgment is clearly
unconstitutional, and we should at
once have 10 test il in the courts.
Can it not be stopped in the legis-
lature or by veto?'
A telegram so forcible as this
coming from the president of the
United States is entitled to full con-
sideration and demands that no
hasty or i'll considered action be
taken by this state which may in
volve the whole country.
1t seems 10 me it is time to lay
sentiment and personal opinion-and
considerations aside and take a
broad and unprejudiced view of the
important questions involved in the
proposed legislation. and in a calm
and dispassionate manner pass upon
them, keeping in mind Dot 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.
ALLEGED TREATY VIOLATION
Two years ago the question now
under consideration engaged the
attention of our government and
Japan because of a resolution
adopted by the board of education
or san francisco directing that all
dren be sent to the oriental public
schools.
Japan at once called the atten-
ton OF our government to this reso-
tuition, which ii claimed discrimi-
mated against its subjects. and was
III violation of treaty. 1t contended
that the admission of alien children
OF other foreign countries into
the public schools of San Francisco
and the denial of that right to the
childr?n Of its citizens residing
there constituted a denial to them
OF the privileges, liberties and
rights relating to the rights of
residence accorded to the subjects
and citizens of the most favored
nation. Our government acQuiesced
In the views expressed by Japan,
and 10 enforce that nations rights
under its treaty commenced an ac-
ton in the circuit court of the
United States to enjoin the school
board of San Francisco from carry
ing out the provisions of said reso-
luton. 1t was alleged in the bill
in equity fled therein that the
passage OF this resolution violated
the treaty between Japan and this
country and prevented the United
states from carrying 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 imperatively demanded
by the national interests.
This action was never tried but
was dismissed on the withdrawal
by the school board of San Fran
cisco of the resolution compained of.
SUPPOSED QUESTION SETTLED
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 il until
the bill under considera ton was
introduced in the assembly. There
itds bttH no general demand IDI
such Legislation, there is no imme-
date or present danger TO our
schools and no bad influence exists
therein by reason of the attend
ance of any japanese pupils, so far
as is known. In fact, there are but
very few Japanese pupils attend
ing our public schools and there is
no occasion, at present at least, for
any unnecessary alarm.
1t is claimed by Japan. and ad-
mitted by the authorities in Wash
ington, that the bill, If passed. will
be in violation of the treaty ex-
listing between the two govern
ments. Without expressing any
opinion upon this subject, 1t being
a debatable one, | wish to call
your attention to the views of
Japan and conceded so far, by our
government, to be correct.
WHAT TREATY SAYS
There is contained in the present
treaty with Japan the following
language, to wit:
In whatever relates TO rights of
residence and travel, the citizens