article, do not in any way affect the laws, ordinances and regulations with regard to peace and public security, which are in force or which may hereafter be enacted in either of the two countries." This last clause seems to nullify, be yond any doubt, the guarantee of Article I since it specifically states that each must be subject to anylegislation "Which may hereafter be enacted." A test case was begun to determine the validity of the ordinance as regards the treaty, but it was abandoned, probably because of the small chance there was to have the law declared void. An informal agreement was made with the California officials, by the intercession of the President of the United States, whereby it was agreed that it should be determined by examination whether the Orientals should be sent to the Oriental School or not. In return for this concession on the part of the people of California, the President was to secure Federal legislation for the restriction of Japanese labor immigration. This was secured in the Immigration Act of Feb.20,1907, whereby the President may exercise the power of cancelling passports issued by any foreign country to its citizens to go to any of the insular possessions of the United States and when such immigration may be harmful to American labor. So although this incident is closed, it never reached an authoritative settlement. Any similar incident may arise at any time and there will be no better basis of settlement than was found in this. The In the year 1909 the sentiment pro- and anti-Japanese was about equally divided in the California legislature. San Francisco school incident and the agitation in the state legislature at this time "had the effect of arousing the serious interests of the Japanese government and persuading it to the energetic measures for the abatement of a nuisance dangerous to itself."l No legislation discriminatory against the Japanese was passed at this session of the legislature, but a law was passed making it the duty of the labor commissioner to gather statistics and information about the Japanese in the State "as may be useful to the governor inmaking a proper report to the President of the United States and Congress, and furnishing to the people of this state and elsewhere a comprehensive statement of such condition as actually exist. 2 An amendment to this law was passed in the same year devolving upon all officers of the state, and upon all officers of each county, city or city and county the duty of keeping such records as are required in the 1. Sidney G.P.Coryn, Ann. Am. Acad. 34:262 (1909) 2. Calif Statutes, 1909, p.227 |