THE REAL QUESTION UNDER THE JAPANESE TREATY AND THE SAN FRANCISCO SCHOOL BOARD RESOLUTION. Address by the President of the American Society of International Law, Elihu Root............ 273 THE CONVENTION OF 1907 BETWEEN THE UNited States and the DominicAN REPUBLIC. Jacob B. Hollander 287 NOTES ON SOVEREIGNTY IN A STATE. Robert Lansing.. 297 .... SOME SUGGESTIONS AS TO THE PERMANENT COURT OF ARBITRATION. Jackson H. Ralston 321 INTERNATIONAL ARBITRATION. William L. Penfield 330 A PERMANENT TRIBUNAL OF INTERNATIONAL ARBITRATION: ITS NECESSITY AND VALUE. R. Floyd Clarke... 342 Transit in Extradition Cases 452 458 462 465 Extraterritoriality and the United States Court for China. 469 480 Anglo-French Convention Respecting the New Hebrides The Joris Case and the Turkish Capitulations.. Anglo-French-Italian Agreement Regarding Abyssinia. 484 485 Resolutions Adopted by the Institute of International Law, at Ghent, in September, 1906.. 485 Annual Meeting of the American Society of International Law 486 CHRONICLE OF INTERNATIONAL EVENTS. Henry G. Crocker...... 488 PUBLIC DOCUMENTS RELATING TO INTERNATIONAL LAW, 1906. Philip De Witt The AMERICAN JOURNAL OF INTERNATIONAL LAW is supplied to all members of the American Society of International Law without extra charge, as the membership fee of five dollars per annum includes the right to all issues of the JOURNAL published during the year for which the dues are paid. The annual subscription to non-members of the Society is five dollars per annum, and may be placed with the Managing Editor or with Baker, Voorhis & Company, 47-49 Liberty Street, New York City. Single copies of the JOURNAL will be supplied by the Publisher at $1.25 per copy. Applications for membership in the Society, subscriptions, correspondence with reference to the JOURNAL, and books for review should be sent to James Brown Scott, Managing Editor, George Washington University, Washington, D. C. The Managing Editor begs to announce that hereafter, beginning with the July number, the AMERICAN JOURNAL OF INTERNATIONAL LAW will be published by Baker, Voorhis & Company, 47-49 Liberty Street, New York City. Copyright, 1907, by the American Society of International Law, THE REAL QUESTIONS UNDER THE JAPANESE TREATY AND THE SAN FRANCISCO SCHOOL BOARD RESOLUTION1 In opening this meeting of the American Society of International Law, which I hope will be the first of many meetings in unbroken succession to continue long after we personally have ceased to take part in affairs, let me welcome you to the beginning of your labors for a more thorough understanding of this important and fascinating subject. It is impossible that the human mind should be addressed to questions better worth its noblest efforts, offering a greater opportunity for usefulness in the exercise of its powers, or more full of historical and contemporary interest, than in the field of international rights and duties. The change in the theory and practice of government which has marked the century since the establishment of the American Union has shifted the determination of great questions of domestic national policy from a few rulers in each country to the great body of the people, who render the ultimate decision under all modern constitutional governments. Coincident with that change the practice of diplomacy has ceased to be a mystery confined to a few learned men who strive to give effect to the wishes of personal rulers, and has become a representative function answering to the opinions and the will of the multitude of citizens, who themselves create the relations between states and determine the issues of friendship and estrangement, of peace and war. Under the new system there are many dangers from which the old system was free. The rules and customs which the experience of centuries had shown to be essential to the maintenance of peace and good understanding between nations have little weight with the new popular masters of diplomacy; the precedents and agreements of opinion which have carried so great a part of the rights and duties of nations toward each other beyond the pale of discussion are but little understood. The education of 1 First Annual Meeting of the American Society of International Law. Opening address by the President, Mr. Root. public opinion, which should lead the sovereign people in each country to understand the definite limitations upon national rights and the full scope and responsibility of national duties, has only just begun. Information, understanding, leadership of opinion in these matters, so vital to wise judgment and right action in international affairs, are much needed. This society may serve as a collegium, in the true sense of the word, in which all who choose to seek a broader knowledge of the law that governs the affairs of nations may give each to the other the incitement of earnest and faithful study and may give to the great body of our countrymen a clearer view of their international rights and responsibilities. I shall detain you from the interesting program of instruction and discussion which has been arranged for this meeting only by trying to illustrate the kind of service that the society may render, in a few remarks intended to clear away a somewhat widespread popular misapprehension regarding a question arising under a treaty of the United States. The treaty of November 22, 1894, between the United States and Japan provided, in the first article: 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 territory of the other contracting party, and shall enjoy full and perfect protection 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 personal estate, by will or otherwise, and the disposal of property of any sort and in any manner whatsoever which they may lawfully acquire, the citizens or subjects of each contracting party shall enjoy in the territories of the other the same privileges, liberties, 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. The constitution of the state of California provides, in article 9: SECTION 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral and agricultural improvement. SEC. 5. The legislature shall provide for a system of common schools, by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established. SEC. 6. The public school system shall include primary and grammar schools, and such high schools, evening schools, normal schools and technical schools as may be established by the legislature, or by municipal or district authority. The entire revenue derived from the state school fund and from the general state school tax shall be applied exclusively to the support of the primary and grammar schools. The statutes of California establish the public school system required by the constitution. They provide that the state comptroller must each year estimate the amount necessary to raise the sum of seven dollars for each census child between the ages of five and seventeen years in the said state of California, which shall be the amount necessary to be raised by ad valorem tax for the school purposes during the year. The statutes further provide that the board of education of San Francisco shall have authority to establish and enforce all necessary rules and regulations for the government and efficiency of the schools [in that city] and for the carrying into effect the school system; to remedy truancy; and to compel attendance at school of children between the ages of six and fourteen years, who may be found idle in public places during school hours. The statutes further provide, in section 1662 of the school law: Every school, unless otherwise provided by law, must be open for the admission of all children between six and twenty-one years of age residing in the district, and the board of school trustees, or city board of education, have power to admit adults and children not residing in the district, whenever good reasons exist therefor. Trustees shall have the power to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases, and also to establish separate schools for Indian children and for children of Mongolian or Chinese descent. When such separate schools are established, Indian, Chinese, or Mongolian children must not be admitted into any other school. On the 11th of October, 1906, the board of education of San Francisco adopted a resolution in these words: Resolved: That in accordance with Article X, section 1662, of the school law of California, principals are hereby directed to send all Chinese, Japanese, or Korean children to the Oriental Public School, situated on the south side of Clay street, between Powell and Mason streets, on and after Monday, October 15, 1906. The school system thus provided school privileges for all resident children, whether citizen or alien; all resident children were included. in the basis for estimating the amount to be raised by taxation for school purposes; the fund for the support of the school was raised by |