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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (March 2, 1907)
E b e 3D a 1 1 p tlebraohan Y , Tft t M s T ii OLIVER THEATRE 41 4! V 41 41 TTN P A V MATINEE, 2:30 I VJUnT TONIGHT, 8:15 The Time, The Place, The Girl With ARTHUR DEACON and 50 Others MAT. $1.00 to 25c. EVE $1.50 to 50c MON. & TUE8. EVENINGS, MAR. 4-5 "The Lion and The Mouse" PRICES $2.00, $1.50, $1.00 and 50c. FRIDAY NIGHT, MARCH 8. RAYMOND HITCHCOCK "A YANKEETOURIST" I! ..LYRIC THEATRE.. I: MIKlWWIRJRffi jfl'V r n m m m BJ JR. BJl Bjl JP JAME8 CRUZE & CO. MARIE GUILL AND ROBERT BOYD THE MUSICAL GOOLMANS EARLY AND LATE JACK WILDE Illustrated Song, "Down Where the Silvery Mohawk Flows." 3 SHOWS DAILY 7:45 and 9 p. m. 10c and 15c, Mat., 10c. MODERN VAUDEVILLE PROGRAM COOK AND MISS ROTHERT CAPTAIN HENRY MARRIAGE FOR MILLIONS On the Blograph CLIFF DEAN & CO. MISS EDNA WOOLEY THE HAUNTED HOUSE On the Blograph OOOOOOOOOOOOOOOOOOOOOOOOOO THE ELITE coooooooooo LINCOLN FIRE CALL WHEN WE WERE BOYS WRESTLING MATCHE8 OF 1906 CABBY BY THE HOUR REJECTED LOVER POLICEMAN'S LITTLE RUN KATHLEEN MAVOURNEEN ILLUSTRATED 80NG8 . ""Clover Blossoms," By Persia R. Gardner ",My 'Old- Kentucky," ' By A. P.- Lawrence i i - Continuous Shows from 1:30 to 5:30 and 7:00 to 10:30 p. m. LYROSCOPE I QCXXXXX)OOCKXOCXXXX-UUUjul I The BIJOU COMPROMISE WITH JAPAN. (Continued from pngo 1.) by express terms n right to better treatment thnn is accordod to Jnpan with reference to matters covered in the treaty, so we cannot lawfully ac cord them better treatment by apply Ing a different rule of construction to treaties with them containing the same terms. In other words, wo can not do by indirection what we cannot i .. ... uo directly, it we could, tne most favored nation clause amounts to nothing. In our treatment of European na tions wo have in our treaties with them construed rights of residence to mean the right to send their chil dren to the sumo public schools as the children of American citizens at tend. Whether this is wise or not may be open to question. But there can be no question that we have con sidered the right to send their chll dren to the public schools as incident to the right of residence. Such being the construction adopted and acted upon during more than a century, wo are not now at, liberty to adopt a dif ferent rule of construction with refer ence to Japan, particularly while we adhere to the old rule with reference to other nations. But it Is urged that the Japanese fire of a different race and that there fore it Is unwise to allow their chil dren to attend the same schools as white children. Whether or not It is advisable to allow children of differ ent races to attend the same schools Is, perhaps, an open question. Argu- nients against it could therefore have been legitimately urged when the treaty was being negotiated or bofore the Senate when the treaty was awaiting ratification. But It certainly does not have the appearance of can dor or fairness to urge thorn as a sufficient excuse for breaking our faith with a nation with whom we have contracted in the most solemn form. Contracts are not something to bo thus lightly set aside simply because some one sees what they con ceive to be a new light. It may be that the ethnic argument furnishes a sufficient reason for modi fying the existing contract. But the proper body to judge of this is not the legislature of California, but a Joint conference of the representa tives of Japan and the United States. If to such a body the facts appear to warrant a modification, there is then no legal objection to making such a modification or modifications as In their judgment seem necessary, But clearly, one party and a fortiori one not a" party to a contract, is not the solo judge of what modifications shall be made in that contract. But it is Insisted by some that so far as concerns the rights of Japan ese to attend the public schools of California, no contract exists, because the United States has no power to make a contract affecting this sub ject. This raises the question of the extent of the treaty-making 'power of the Federal Government. OOOOOOOOCXXXOCXXDOO(XX)0000 TALK TO IIDWK. ABOUT YOUR EASTER SUIT OOOOOOOOOOOCXXXXX)000000000 The constitution of the United States vests In the President and Senato tho treaty-making power, without limitation. As it nowhero defines' what 1b meant by tho term "power to make treaties," It Is fair to suppose that tho framers of tho constitution had In mind the treaty making power as it then existed in England. If this supposition is cor rect, there can be no doubt as to the powor of the Federal Government to mako the treaty In question. If legal, It Is "tho supreme law of tho 'land" and the act of the legislature of Cali fornia interfering with Its fulfillment is unconstitutional. But even if this supposition is in correct, and the framers of tho con stitution did not intend to confer up on the Federal Government the powor to make treaties to the same extent as was poBsessod by tho British Gov ernment, certain It Is that It has from the beginning of its existence boon ex ercising the right to make treaties containing tho most favored nation clause, nor has Its right been 'ques tioned. "It wns, therefore, entirely natural that Japan should concludo that the Federal Government was not exceeding its powers by inserting tho most favored nation clause in this treaty. While each nation is supposed to know the constitutional powers of the branch of the government with which it is dealing, was not Japan amply warranted in concluding from this long acquiescence in the oxorclso of tho power that wo would not seek to escape our obligations to her by denying the power of- the Federal Government to make treaties contain ing so common a provision as the most favored nation clause? The question of the powor of tho Federal Government to make treaties containing the most favored nation clause will have to be answorod by tho Supreme Court of the United States. Tho existence of tho power is too vital to tho conduct of our for eign relations to remain unanswered. It is, therefore, unfortunato that the compromise will probably result in the present case being dropped in stead of being carried to tho Supremo Court for decision. If the Federal Government has the power to mako such treaties, It fol lows that It has tho power to enforce them, even tho certain of their provis ions may Ije objectionable to some section of the country. Any other view would be tantamount to holding that unanimous consent of all sec tions of tho country to the provisions of a treaty is necessary in order that a treaty may bo enforceable. This could never have been tho intention of the framers of the constitution. The weakness of tho government un der tho articles of confederation in the conduct of foreign relations was tfne of the strong Incentives toward the formation of a now constitution, and it is unreasonable to suppose that the framers of that instrument did not Intend to confer such power upon the new government as would remedy what was admittedly a defect In the old government. In order to avoid forcing the issue, California has agreed to admit the Japanese children into the public schools on condition that Japanese coolies not already hero shall bo ex cluded from this country. This satis fies the labor organizations, and it was they who ,w?re responsible for the act' excluding the Japanese chil dren from the public schools. It also satisfies Japan, as tho amendment to our Immigration laws will be general in terms and hence will not wound tho -pride of tho Japanese and will NEW WINDSOR HOTEL A. D. CALKIN8, Prop. Our 8peclal 8unday , Dinner, Table d'Hote, 60c. SOUP Chicken Soup Consommo Bronolso Queen Ollvos Radishes Sliced Tomatoes Baked Lake Trout, Sauco Colbert Roast Prlmo Ribs of Beof nu Jus Roost Young Turkoy with Cranborry Sauco Orango Punch Escalopod Oysters . Compoto of Peaches on Rico Mushed Potutoos String Boans Jorsoy Sweet Potatoos Stewed Tomatoes Juno Poas Apple Plo Mlnco Plo Cocoanut Pio Raspborry Shorbot Jolly Roll Cream Cheese Noufchatol Chccso Cafo Nor Dinner served from 12 to 2:30 p. m. SPECIAL LADIE8' MAN TAILORED 8UIT8 $11.35 to $40.00 JACKET8 7.35 to $21.35 8KIRT8 $4.00 to $18.65 Misses' 8ults. .$10.00 to $18.00 Work, goods and fit guaranted.. Also GENT8' TAILORING JR. O. HUBERT, 117 No. 12th Street We buy. school-books nuu wo icnu jrxo w inr npyucau pur "Dooka Wiiuted" Catalog of OTtr 3,000 I A -J . .a - ... ti...t . GIllHII-mmftlf Willi UIQ I'MWI WUU we accept second-hand ai wU m ntw book . We pay cash For all marketablt ehool-booV, or if ' uciircu, wocrcuit cuniiKnmenu oiuto. count, to be nald by uiinother ichool book t torn tun to tlmo at nttdtd, IIITTD3 fc IT0BLE 31-33.3r, Vt, loth St., Now York City. JtaitionthU ad. WHEN "WALKOVERS" GO ON Shoo Troubles Go Off. Rogers & Perkins 112 O StTMt SHIRTS IN WHITE-OR FAST COLORS. THE BEST VALUE OBTAIN ABLE AT S1.00 OR Si. 20. . ' CLUETT, PCABODY 4 CO. makcrr of ctorrr and arrow collar w&JMM2w)&3m A