SEGREGATION OF JAPANESE STUDENTS as of Japan, at the time of the negotiation of the treaty must be carefully considered. It seems to have been the purpose of our government at that time to recognize Japan as a member of the family of civilized states, fully possessed of the means of exercising all of the functions, and consequently en titled to enjoy all of the privileges of such a state. The present understanding of the United States as to what that purpose was is reflected in a telegram of Secretary Root to Ambassador Wright, dated October 23rd last, which according to press dispatches, contained the statement: "You may assure the government of Japan in most positive terms that the government of the United States will not for a moment entertain the idea of any treatment toward the Japanese people other than that accorded to the people of the most friendly European nations, and that there is no reason to sup pose that the people of the United States desire our government to take any different course." 1 The text of the treaty deserves careful examination. Article I contains the pro vision that: "The citizens or subjects of each of the two High Contracting Parties shall have full liberty to enter, travel, or reside in any part of the territories of the other Contracting Party, and shall enjoy full and perfect pro tection for their persons and property. . . . In whatever relates to rights of residence and travel; to the possession of goods and effects of any kind; to the succession to per sonal estate, by will or otherwise, and the disposal of property of any sort and in any manner whatsoever which they may law fully acquire, the citizens or subjects of each Contracting Party shall enjoy in the terri tories of the other the same privileges, lib erties, and rights, and shall be subject to no higher imposts or charges in these respects than native citizens or subjects, or citizens or subjects of the most favored nation." Article II provides in detail for reciprocal freedom of commerce and navigation be tween the territories of the two nations; it 1 Boston Transcript, Oct. 29, 1906.
41
specifies the7 rights of trade to be enjoyed by each, stating that the citizens and subjects of the two nations may : "Own or hire and occupy houses, manu factories, warehouses, shops and premises which may be necessary for them, and lease land for residential and commercial pur poses, comforming themselves to the laws, police and customs regulations of the country like native citizens or subjects." Finally it is provided in the same Article that: "The stipulations contained in this and the preceding Article do not in any way affect the laws, ordinances and regulations with regard to trade, the immigration of laborers, police and public security which are in force or which may hereafter be enacted in either of the two countries." Article XIX provides that the treaty shall go into operation July 17, 1899, and remain in effect for twelve years from that date and that either nation : "Shall have the right, at any time there after, to give notice to the other of its in tention to terminate the same, and at the expiration of twelve months after such notice is given this Treaty shall wholly cease and determine."1 The treaty contains no^ express provision as to the education of citizens or subjects of either state. It is contended, however,'j that the right to reside in the United States in cludes the right to enjoy public educational advantages as a privilege relating to resi dence. It is urged that the right to enjoy public school facilities is generally regarded in this country as one incidental to that of residence; that citizens of our own land believe that they have a right to send their children to a public school because of resi dence in immediate proximity to it. Whether residence in a particular neighborhood or community, according to a national custom, gives to the inhabitant, irrespective of his 1 Treaties of the United States in Force: 1904, Japan.
