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Show Japs Are Treated Fairly j San Francisco is - Not Violating Any Rights in Excluding Them From Schools. ' Much lias boen written about San I Francisco's disposition lo exclude the i ! Japanese from the city schools and not a few capable men are Inclined lo feci that Uic (tiestlon Is yet certain to result In unpleasantness, not only with Japan, but with the United States Koverumcnt. Somo hold that the old. question of "States' rights" will be brought tip again and that certain revisions In the constitution must bo made It has seemed to us that this a strained view, and It Rives pleasure to notj that all great newspapers news-papers do not look upon this matter pessimistically. Por Instance, The Washington Post gives editorial expression ex-pression that is but logical reasoning . based on facts as they are and in the .the light of this San Francisco Is clearly written treaty rights, legal rights, and wc aic Inclined to feel, moral rights, In handling her school population as the city deems best. Tho Post says: The contention that subjects of .lap-f .lap-f nn arc entitled to admission into the public schools of California is based , . upon tho provisions of the treaty of . jf 18!H, which Is held to grant to Japan- JJ- cse residents In the United States the same privileges, liberties and rights , as are granted to the citizens or sub jects of the most favored nation Are the citUcns or subjects of any nation entitled by treaty to enter the public schools of the United States? If so. tho Japanese are entitled to the same privilege. Hut there does not appear tq, be any Mich treaty. The only treaty dealing with educational matters, mat-ters, so far as wo aTc aware, is the Jlurlliigainc treaty with China, which provides: Cltl.ens of the United States shall enjoy all the privileges of the public educational Institutions under the control of the government of China, and, ieclprocall, Chinese subjects shall enjoy all the privileges of the public educational institutions under thecontiol of the government of the United states which ate enjoyed in the respective countries bv the eltlcns or subjects of the most favoicd nation. There is no contention by anybody, of course, that the public schools of California are "under the control of the government of the United States " Chinese subjects arc taught In separate sepa-rate schools In San Francisco, and Uhlna has not laid claim to a denial of mosl-favorcd-natlon privileges on that account, probably for the good reason that the matter Is not covered by the tieatv. The treaty between the I'mtccl Stales and Japan spccillc- cle.ulv and exactly the privileges, liberties and rights that shall bo enjoyed by Japanese Japan-ese In this country, l'hey include the liberty to enter, tiavel or reside in any part of the country;-perfect pio-tection pio-tection of person and piopeity; free access to the courts of Justice, and equality with native cltl.ens lu the adinlnlstiation of justice; liberty of conscience; light of exeieise of worship; wor-ship; equality in taxation and exemption exemp-tion from military service. The most-favored-natlon clause provides that the Japanese shall have equal privileges, liberties and rights "In whatever relates re-lates to rights of residence and travel," to the possession of goods, succession to estate, disposal of property, and equality as to charges in these tc-speets tc-speets The question has been lalsed whether the "rights of residence" do not include the right to attend the public schools Mut as no other nation na-tion enjoys this right lu the United States by treaty, it cannot be claimed by Japan under the most-favorcd-na-tlon clause. Admission of any kind of foreigner Into the public schools, in short, is a matter of grace and not a treaty right. |