Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-04-18
THE CALIFORNIA BILL and THE TREATY

Star.Buetln. Prof SCOTS intimate knowledge Of Japans
aims, Ideas thoughts from his long and brilliant
ices for education In the empire less than his grasp
treaty History and powers makes bis utteranees below
timely and authoritative, and as president Of the japan
Society Hawaii what he says has more than local i'm
portanee
"The subjects or citizens Of each of the High
Contracting Parties shall have liberty to enter,
travel and reside in the territories Of the other
to carry on trade, wholesale and retail, to own
or lease and occupy houses, manufactures, ware
houses and shops, TO employ agents of their
choice, TO lease land for residential and CONNER
cial purposes, and generally to do anything in
cident TO or necessary for trade upon the same
terms as native subjects or citizens, submitting
themselves to the laws and regulations there es-
tablished."
The foregoing is found in Article / Of the sol
emn treaty agreed upon by the United States
and Japan, in the year 1911, and signed by Mr.
Knox, the secretary of state, and Baron Uchida,
the japanese ambassador at Washington This
treaty is. to endure for fifteen years, less than
two years having expired. The clause ''to own
or lease and occupy houses manufactures, ware
houses and shops, to lease land for residential
or commercial purposes" is positive and without
any equiyocation. ITO lease, to own and to oc-
cupy houses necessarily implies that the leases
and houses include lands Houses and manufac-
tories cannot exist in the air. However prof.
cient flying machines are, they are not yet suffi-
GENTLY developed to have houses and manufac-
tories built in them above the earth.
Section 2 of Article VI of the constitution of
The United States solemnly AYERS: "This consti.
tuition, and the laws of the United States which
shall be made in pursuance thereof; and all
treaties made, or which shall be made, under the
authority Of the United States, shall Ne the 80
preme law of the land. And the judges and ey
cry state shall be bound thereby, anything in the
constitution or laws of any state to the contrary
notwithstanding A treaty between two soyer-
eign states, solemnly entered into in the capac-
ity of soyereignties, is of the highest and most
binding authority between all civilized states
Treaties have always been deemed of the highest
binding obligation, because there are no higher
authorities to appeal to. 1t is deemed great
shame to any state to violate in any way not only
the letter but the spirit of a treaty All nations
are jealous of the attempt of any one nation to
violate its solemn obligation. Great publicists,
and those of the highest authority in interna
tional law, are agreed upon the binding obliga
ton of treaties, even regarding their provisions
and stipulations as of higher authority than any
statute passed by any parliament or legislature.
Fortunately, the United States, through its con-
stitution has not left the final determination of
this matter to a statute, or a commonwealth, or
even to a statute of the highest authority, the
congress of the United States
/ have not the text of the bill introduced into
the legislature of California, but if it, contains
the provisions which have transpired through the
cable, it is evidently in violation of the treaty
between Japan and the United States, especially
of the stipulations of the first clause of the
treaty at the head of the foregoing article Nat
urally, one cannot speak with authority in the
matter without having the provisions of the en-
tire bill before him. But that a statute of a.
state should be enacted to dispossess those al
ready having leases on houses or lands, at the
expiration of certain time, is virtually spolia-
ton, or more severely, confiscation The pro-
vision that one owning such lands or having
such leases SHALL within one year. declare inten-
ton TO become a citizen, is mere subterfuge to-
get at the Japanese and Chinese, old residents
already owning long leases, and, in some cases,
lands in fee simple. This, Mr.. Editor, it seems
to me, is unworthy of a great, wealthy and en-
lightened state. 1t sullies her fame. 1t sullies
the good name and the unblemished reputation
of great people In our federal SYSTEM the
state has unfortunately perhaps, local right