Waterbury evening Democrat., 1906-12-12
JAPANESE
 QUESTION Senator Rayner Attacked Presi- dent RooseveIt's Position as Announced in Message APPOINTMENT MADE The President Sent a Number of Names 10 the Senate.-.White of
 Rhode Island Goes 10
 France.
APPOINTMENT MADE

Rhode Island Goes 10
 France.
 Washington, Dec 12.-President Roosevelt sent the following nomina- tions to the senate to-day: Ambassa- dor Extraordinary and Plenipoten- tiary Henry White of Rhode Island to France: L. c. Griscom of Pennsyl- vania to Italy; John w. Riddle of Minnesota to Russia; Irving B. Dud- ley of California to Brazil; Envoy Ex- traordinary and Minister Plenipoten- tiary Leslie Combs of Kentucky to Peru.
 Caustic criticism of President Roosevelt's position on the Japanese question prefaced Senator Rayner's discussion in the senate to-day of the constitutional questions involved. If the military and civil forces of the federal government were to be used by the president, Mir Rayner said. it became very important to know the exact power of the president in the matter, Because" he added, 'it is quite a serious matter in view of the great calamity that lis lately be- fallen the city of San Francisco for the president to contemplate the bombarding of the city at this time and to declare war against the boards of county school trustees of Califor- mia if there is no Justification or pre- text upon which such ferocious pro- ceedings can be undertaken. The president is exercising great many functions-executive. legislative and judicial. lawful and unlawful, con- stitutional and unconstitutional. If he is possessed of the idea that he is the supervisor of all of the public schools of the various states of the Union, and he seems tn Je impressed with this idea, because in the very last paragraph of his message he to congress the estab- lishment of shooting galleries in all of the large public schools of the we must either disabuse his mind of this fancy or we must let him know that we agree with him as to the omnipotence of his jurisdic- diction. If he can take possession of the public schools of California and compel the state to admit to them , apanese students contrary to the laws of California, he could with equal propriety send us an amend ment to the Santo Domingo treaty and demand the admission of the negro children of Santo Domingo into the white schools of South Carolina or of any other stats of the Union. of course, if the people have come to the conclusion that everything that the president recommended Is right, then there is hardly any use in con- testing any of his propositions and instead of conferring upon him the power to give congress information on the state of the Union. we might confer upon him the function of fur nishing his own peculiar views upon he entire state of the universe and any improvements or changes in the general plan of ere ation that he may dscin expedient, rom the cradle to the grave.
 MT Rayner coincided w.th what the president had said in his message Tn praise of the Japanese. he proposed. ,e said. to discuss ths present ques- ion entirely outside the particular and plan. himseh on hese two propositions:
 One. that there Is no provision whatever in the treaty with Japan hat confers the right that the presi- | lent speaks of. or gives to the gov ,rnment of Japan the privileges that i claims in connection with the pub ic school system of Caniornia or of my other state.
 Two. if there was such provision n this treaty. or ary other treaty this right. the treaty | rould be void and without any au- hority upon the part nf the United states to make it. an in violation or | he constitution and the treaty mak- ng power of the goy.rrment.
 The precise point in oived. be said. vas the tenth article of the constitu- ion. that powers uot delegated to he United States by the constitution ,or prohibited by it to the states. are to the states. respectively. IT 10 the people.
 Mr Rayner said that the power of state to regulate its public school ystem was clearly among It's re- erved powers. and ateed:
 "If we can. in defence of the laws nd constitution of . state. incor- 'orate any such provision in a treaty o as to bind the state. then ve can deprive she state of very reserved right kz. it possesses nd rescind and snnuI laws and its whenever they come into onf'ict with the tIssty making over
 Such a doctrine. Sir Rzyner con iuted. -.uosId convert us from a government into with the sfstes ia abject erxitude to federal pswer. and vifh be executive in practical control Of <~ 1~xrs~fex ~f she ra-u hrf~