380 BURR— THE TREATY-MAKING POWER [April 20, 



place under the shadow of its flag. All idea of reciprocity, which is the basis 

 of good relations, falls in prices."'"' If in a small village of Lombardy, or 

 Piedmont, an American had been outraged, or killed unjustly, it is the Gov- 

 ernment at Rome that would have to answer for it. It is therefore incom- 

 prehensible that the Washington Government should not do the same when 

 an Italian is injured in Louisiana or Oliio.""'" 



In the case of the rights of Japanese in California in their rela- 

 tion to the public schools, the question took on aspects which had 

 not hitherto characterized it. The case was not one arising out of 

 mob violence but involved the deliberate acts of the State of Cali- 

 fornia, or rather of a board of education deriving its powers from 

 that State. There were several questions with respect to the appli- 

 cability of the Japanese treaty, and its proper construction. In their 

 essence, these questions were whether the board of education had 

 the right under the existing treaty to tax all alien residents for 

 school purposes, and then to direct that Japanese children must 

 attend only one school — the Oriental school — while all other schools 

 were open to children of other alien residents. Assuming the appli- 

 cability of the treaty and its violation by the State authorities, the 

 fundamental question was thus presented as to the validity of the 

 treaty, and if valid, the possible methods of its enforcement. The 

 United States government filed a bill in the Federal court in Cali- 

 fornia to enforce the treaty; but the matter was adjusted, and the 

 case discontinued, because of the rescinding of the resolution of the 

 board of education, which had given, rise to the controversy.-®'^ In 

 the meantime, the then President of the United States, Mr. Roose- 

 velt, had, impliedly disapproving the prior positions assumed by the 

 State Department under J\Ir. Evarts and Mr. Blaine, thus addressed 

 Congress in his annual message of 1906: 



" I therefore earnestly recommend that the criminal and civil statutes of 

 the United States be so amended and added to as to enable the President, 

 acting for the United States government, which is responsible in our inter- 

 national relations, to enforce the rights of aliens under treaties. Even as the 

 law now is, something can be done by the Federal government toward this 

 end, and in the matter now before me affecting the Japanese, everything that 



^ Sic. Evidently a translation of baisser le prix. 

 ^ Clipping from L'ltalic of July 25, 1899. 

 "" See note 15. 



