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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
TTN P A V MATINEE, 2:30
I VJUnT TONIGHT, 8:15
The Time, The Place, The Girl
With ARTHUR DEACON and
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.
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
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
MARRIAGE FOR MILLIONS
On the Blograph
CLIFF DEAN & CO.
MISS EDNA WOOLEY
THE HAUNTED HOUSE
On the Blograph
LINCOLN FIRE CALL
WHEN WE WERE BOYS
WRESTLING MATCHE8 OF 1906
CABBY BY THE HOUR
POLICEMAN'S LITTLE RUN
ILLUSTRATED 80NG8 .
By Persia R. Gardner
",My 'Old- Kentucky,"
' By A. P.- Lawrence
Continuous Shows from 1:30 to 5:30
and 7:00 to 10:30 p. m.
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
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.
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
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
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.
Chicken Soup Consommo Bronolso
Queen Ollvos Radishes
Baked Lake Trout, Sauco Colbert
Roast Prlmo Ribs of Beof nu Jus
Roost Young Turkoy with Cranborry
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
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
JR. O. HUBERT,
117 No. 12th Street
nuu wo icnu jrxo w inr npyucau pur
"Dooka Wiiuted" Catalog of OTtr 3,000 I
A -J . .a - ... ti...t .
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Rogers & Perkins
112 O StTMt
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