SEGREGATION OF JAPANESE STUDENTS
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Finally, it is contended that the excel Attention is called, however, to the lence of the Oriental School as compared broad provision in Article II, that the with other schools, and any peculiar fitness previous stipulations do not " affect the laws, it may possess for the training of Japanese ordinances and regulations with regard to pupils, are matters unrelated to the question . . . police and public security " which were at issue, which concerns solely a comparison then in force, or might thereafter be enacted of the educational advantages afforded to by either country. This suggests the inquiry Japanese and other resident aliens. This whether the segregation of Japanese students line of argument confines itself to the may be properly deemed a police measure, interpretation of the treaty, brushing aside or one for the benefit of public security. It as irrelevant any discussion of the rights, is urged that if it were shown that by reason which according to the law of nations a of the difference of race, the presence of the state may have with respect to resident Mongolian and Caucasian pupils in the same aliens. The justice of this must be admitted. schools of lower grades engendered mutual The present inquiry dees not relate to the ill-will, physical antagonism, violence of right of a nation to exclude aliens of any passion, or diversion from study to a race from its territory, or to regulate the perceptible degree, the public security and education of those who are admitted to the moral welfare of students of both races residence. It is not concerned with the would demand their separation, and that economic benefits or evils resulting from without the regard to the causes of demoral the presence of large numbers of Japanese ization. It is said that the legislature of the on our Pacific coast. Nor does it deal with state must always bedeemed to be thenatural the question as to the wisdom of a policy judge of what conditions menace the public which resulted in the execution and ratifica security, and that to it must be imputed tion of the treaty of 1894. It must be prima facie, good faith in attempting by obvious that between nations as between enactment to protect the same. Hence, it individual men the proper interpretation is urged that the California statute and the of a contract is not ascertained by reference local ordinance in pursuance thereof should to the convenience or inconvenience with be regarded, not as an arbitrary discrimina which either party may perform an obligation tion against resident subjects of a friendly state, but simply as an earnest effort on the alleged thereunder.1 In a word, the Japanese contention is part of a conscientious law-making body that by the treaty the right of residence to promote the security of the public — is secured; that that right includes the right that is, of all persons of whatever race to enjoy the same public school facilities as living in the state. It is maintained, there are accorded residents of other nationalities; fore, that in scrutinizing acts done in that this is admitted by the San Francisco alleged violation of the treaty, a court authorities, but that in the regulation of should be slow to overrule the judgment of this right, by the process of segregation of the legislature as to what conditions might Japanese with Indians and Chinese, there is threaten the public security; that a mere denied a vital privilege or liberty as highly disagreement on that point between the appreciated as it is generally enjoyed, by court and the legislature should be insuf students of European and other nationalities. ficient to sustain the charge of violation of 1 "It is commonly said that a country observes the treaty, unless the court should conclude the stipulations of a treaty no longer than it suits that the legislature had been not only unwise, its interests or its convenience to observe them; but also unreasonable and clearly arbitrary but this has never been universally true in modern in its view. times, and I am happy to believe it is less true The provision for the enactment and en to-day than ever before. (The Practice of Diplo forcing of measures for police protection and macy by John W. Foster, p. 291.)
