Daily press. [volume] (Newport News, Va.) 1896-current, 1906-12-13
haPyland's United States SeRa.
tor ArraIgns Roosevelt for
His Intense Federalism.
PLAN IS DANGEROUS
II Carried Out It Would Thwart Al.
most Every Purpose of the Trainers
OF the Constitutional Strong
Speech That Received Marked At.
tentlon in the Senate.
(By Assoclaiod press !,

J (By Associated Press.)
! WASHINGTON, d. c. Dec l2-
Much interest was manifested today
In the senate on the position ta,,en
pE Senator Raynor In his discussion
on the Japanese question He con
tended that the inherent rights of
state could not be violated by
| treaty any more than they could
ne violated by congress, and he
cited many adjudicated cases before
the Supreme Court and arrayed n
long line OF eminent authorities. MIR.
Raynor also gave the cases ami au.
thorities for the other side of the
proposition.
Cnustic criticism of President
Roosevelt's position of the Japanese
question prefaced Mr.. Raynors
speech. IF the military and civil
forces OF the federal government
were to be used by the President,
Mr. Raynor said, 1T became very
| important to know the exact power
OF the President in the matter. But,
he SAID. II is serious matter in
view of the great calamity which
has recently befallen the city of
San Francisco for their contemplated
bombarlment OF the city at this
time and to declare war against
tho boards. of county school trus-
tees of California. 'rnere is no justl-
| fication or pretext upon which such
ferocious proceedings can be un-
dertaken.
THE President is exercising
great many functions executive and
Judicial. lawful and unlawful, and
Unconstitutional. IL he is possessed
of the idea that he Is the supervis.
or OF all public schools of the
various states of the union, and he
seems to be impressed with that
! idea in the last paragraph of his
message wherein he recommends
to congress the establishment of
| shooting galleries in all of the large
schools of the country, we must
either disabuse his, mind of this
| fancy or we must let him know
that we agree with him as to the
ominipotency of his Jurisdiction. II
he can take possession of public
schools of California and compel the
state to admit to them Japanese
students contrary to the laws of
] California he could properly send
us an addition to the Santo Domingo
| treaty and demand the admission
of negro children OF Santo omingo
into the white schools of South
| Carolina or OF any other state OF
the union.
Scores the President.
Mr.. Raynor concluded with COM
ments ON the Presidents message in
praise of the Japanese. His sympa-
! thies had, he said, been with them
and he thought 1t great shame that
/ the Japanese pupil should have been
orerrowered in the conference room
when she had been very courteous. He
proposed. he said, to discuss the ques-
ton outside the particular communi-
cation and plant himself on the two
propositions:
First, that there is no provision
whatever in the treaty with Japan
that confers the right to the Presi-
dent or gives to the government of
Japan the privileges IL claims, to pub
lie school system of California or any
/ other states. If there was such a pro-
vision in this treaty or any other
treaty comforting this right, the treaty
would be void and without any au.
thority on the part of the United
States to make 1t In view of the treaty
making power Of the government"
Concluding Mr.. Raynor said: THE
J PS"Si VI s'NptC " lC6ulotG
schools system Is clearly among it's
reserved powers. Have we therefore,
right to provide in treaty with for
eign powers privileges in the public
schools of the states that are prohib.
cd either by the constitution or by the
laws OF the state, in which they are?
If we can in defiance of laws and
constitution OF state incorporate
any such punishment In treaty. SO
as to bind state, then we can de.
prive the state Of treaty reserved
rights. and rescind and annul it's laws
and It's constitution whenever they
come In contact with the treaty. II
ever such deformity as this should
creep into our judicial division It
would dlsfigure the constitution to
such an extent that It's features would
no longer be capable of recognition.
1t would annul the characters. 1t
would Illustrate the intention of mon
who framed it: 1t would undermine
the entire framework of the instru.
ment and II would convert the consti
tuition into dictatorship with the
states in abject servitude to federal
mower and with the executive In prac.
teal control of the destinies of the
states"
| Editors Arrested for Contempt.