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Show commerce and navigation, anr priH-lerr, priH-lerr, favor or immunity which either high eoatractinf party has actually granted or may hereafter grant to the Government, ehips,' eitixenr or aub-jects aub-jects of any other state ehall be extended ex-tended to the Government, sbipe, citizens cit-izens or subjects of the other high contracting con-tracting party, gratuitously. If the concession in favor of that other state shall have been gratuitous, and on. tho same or equivalent conditions if the concession shall have been conditional; it being their intention that the trade and navigation 6t each countrv shall be placed, in all respects, by the other upon the footing of the most favored nation. ' ' The real question is whether the action ac-tion of the school board of San Francisco Fran-cisco constitutes an actual' violation of the treaty. That Japan so construes it does not, of course, make it so; indeed, in-deed, considering (1) that',' as matter of fact, there is no ''exclusion" whatever, what-ever, but only a segregation of schools for Mongolian children quite in lino with other ordinary regulations within the recognized .jurisdiction of local authorities, au-thorities, and (2) that there is no explicit ex-plicit obligation to afford any means of education whatsoever, and (3) that, practically, we do furnish adequate and equal facilities, and (i) that no treaty ever did or ever was supposed to enforce en-force personal contact and association with others upon the citizens of any nation of their children, and (5) that even if there be a tevhuicul abridgement, abridge-ment, it is uot of liberty or rights, but only of "privilege" a word of verv general meaning, never interpreted as absolutely all embracing of nothing ' morn than such personal contact and association; in view, we say, of these acknowledged and pertinent facts, it seems to us that a very good case . could be made for a counter declaration declara-tion that the schooW regulation dot not constitute a violation worthv of objection by a really high contracting part v. V'e trust that the Administration; whoso seeming tacit acceptance of the Japanese view has caused no little surprise sur-prise and apprehension, will srriously c. insider this phase of the situation be-" be-" fure attempting any measures savoriug of coercion in dealfng with the citizens : of a sovereign State. In6uitely better than the adoption of such procedure would be a frank and manly avowal of ; practical inability, on the part bf the National Administration, under our con-' con-' stitutional restriction, to. enforce this particular provision without virtually : engaging in civil war. accompanied by i a proposal to modify the treaty to meet the necessities of a political condition, j ' Facts, even prejudices at times, must ' be reckoned with no less than theories, j ; and one truth may as well be under j ! stood bv our F.astern brethren first as J ' last, namely, that, treaty or no treaty, j the American people will noer admit I to full personal association a race, how- 1 ever worthv, which they regard as in , herectlv so' alien that attempt at Com ; mingling could only result in disastrous , 1 failure, to the infinite disadvantage, 1 not onlv of those directlv concerned. , tut of all others throughout the world, j - (leorge Harvev in December North , , American R' icw. JAPAN'S LEGAL STATUS. As we anticipated at tbe inception of the riiffieulty, a simple deadlock between be-tween national and municipal authorities authori-ties has been the cet result of .Japan's protest against the exclusion of her children from the public schools of San Kranrie.. Secretary Me'caif's cf fort on behalf of t he ' adin i nist rat ion to induce the school board to rcvoi: sider its determination have been una vailing, and it now seems likelv tha" some force other than mural suasi- n will tie required to make the Jo, a I regulation reg-ulation conform to .Japan's iiitertrc'.i tion of the f-xisting treats. Th.it t'-e Mikado's ( iov ern ment considers tne e elusion to be a violation of that asfoe ment there can be no question; other wise it would not have taken so s. nous a step m making formal remor: strance. which, if unheeded, uo,,ld na' urallv be followed bv a positive de maud, nhieh, in turn, must be granted or refused I'learlv, .lapru; regards this as a suitable time, :ind is wiiiii-g to make open issue. bccai,s- if h- i (iovernnunt had wished iperelv t.. solve the problem without fricMon. if would have exercised in the first tr rtance a quieter form of diploma'- The technical situation, therefore. ie-sesses ie-sesses poignant interest. The tre;it states t hat : '"The high contracting par ties agree that in all that creerns |