The San Francisco call., 1909-02-06

or subjects of each contracting
party shall enjoy in the territories
OF the other the same privileges,
Liberties and rights of the most
favored nation"
The rights of residence in ma
tion secures police protection to
both person 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 property; the
amusement; the right to seek pleas
ure and enjoyment and the right
TO acquire an education.
BY our constitution and laws the
state OF California has provided a
free public school system. where
certain privileges have been pro-
Vided for all resident children. ma
tive born and aliens, To support
this school system money is raised
by taxation levied upon the prop
erty of both citizens and aliens.
The law also provides for the COM
pulsory attendance of all resident
children. whether aliens or citizens.
To our public schools are admitted
the children of subjects of all
European nations. This is a great
privilege which our state extends to
them. This right is given to them
by virtue of their residence within
the state and is part of our public
policy to encourage education and
TO improve and develop the minds
and character. of those who make
their homes here, independent of
their citizenship.
JEALOUS OF IT'S RIGHTS
Japan under it's treaty, being one
OF the favored nations and being
jealous of the rights of it's citizens,
claims Tor them and their children
the same rights and privileges 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 children the rights and
privileges accorded to the children
OF aliens of other nations. then
those rights and privileges, so long
Is the treaty remains, should be OBJ
served, and IL our morals and citi-
Zenship are to be endangered there
by then the treaty, so far as it
guarantees that right should be an
nulled by the general government,
as this state has no power to do so.
While the treaty with Japan does
not and can not require state to
establish or maintain a system of
publlc schools or to admit alien
residents therein, yet it is contend
ed by the authorities at Washing
ton that the United States can by
treaty assure to the resident citi-
zenS OF that nation a treatment and
enjoyment Of rights and privileges
equal to those afforded to the citi-
zens OF any other foreign nation,
and II state should see fit to eX-
tend privileges TO alien residents,
as we'll as to citizen residents, the
state will not be allowed to dis
cr1minate against the citizens of
that country with which the treaty
las been made. If the state grants
certain privileges to the citizens of
one foreign country. 1t can not deny
them to the citizens of another
having the same rights by treaty.
1t Is further contended that if a
state chooses to supply education as
governmental function it can not
discriminate by excluding from its
public schools the alien children
of any particular nation enjoying
treaty rights.
APPROVES ROOTS VIEWS
In speaking of the action of the
school board of San Francisco Sec
retary Root said: No state can set
up its laws as against the grant
or any particular right. privilege
or immunity, any more than
against the grant of any other
right, privilege or immunity No
state can say a treaty may grant
10. alien residents equality of treat
ment as to property, but not as to
education.
There are questions Of policy.
questions of national interest and
state interest arising under the ad-
ministration of the treaty and re-
Sardlng the application OF this pro-
vision to the conditions existing on
the Pacific coast.
THE best interests of the whole
country is always the true interest
of every state and city, and the
protection of the interests of every
locality in the country is always
the true interest of the nation"
These words are strikingly true
and the wisdom of them should be
observed and considered by you in
your deliberations.
] trust that no action will be
taken which will violate any
treaty made by our country or in
any manner question its good
faith. l 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 contra
vention of the constitution or any
treaty of the United States
j. n. GILLETT, Governor