The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-12-13
DlSABUSE HIS MIND
OF OMNIPOTENCE
Praises the Japanese, But Says
That Regulation Of Public
School System Is Clearly
Among the Reserve
Powers OF the
State.

WAsHINGTON. u. g.. December l2.-
Much interest was manifested in tce
Senate ga the position taken by Senator
Rayner in bis discussion to-day ~ tho
japanese question. lie contended thut
the Inherent right n state could not
Dee violated hy treaty any more than they
could Dee Violated by Congress TO sup
port this he cited many all ldlratcd cases
Dfi'fe Tho supreme Court and arraFel
long lines of eminent authorities. Af-
itayner also gave the cases aud author
iLes ~ mo other side of the proposition.
'al-tlc criticism ~ President Roose-
veirs position on the Jareueac question
pretaced Sir kayncr's spceca. II the mil
tfary and civil forces of the Federal gov
eminent were tO be used by the Presl-
dent 81 Rayrer said. 81 became ve-y
important o. know Tie exact power ~
$50 Pres dert ln The matter
Because he added. eft - quite
serious matter. iu Wow ~ the great ca
laulify that has lately hcfalien the city
of san Fralclaco. fnr tie President to
contemplate the bomiorL.ug OF the clty
90 this Lme. and % declare war against
t-c boards - coluty -c-looi trustees az
california = there ls uo justification or
protest upon whlch such feruriols pro-
ceeoinsz can pee undertake.
Is Omnipotent
Tne President is exercising croat
many functions cNecutite legislative and
riNrai ard urccns rtutionai II be is
possessed ~ tle idea that De is the sue
Jcrtiscr % al tlc public schools % tho
state % the Inion-ard he seems % be
iupressed wlth this idca. because. in tho
very last paragraph 20 his messaro De
recommends = ConErcss the establish
ruent % shooting galleries in all Of the
large schools - TIE ~ouutry-ve must
Sithcr d4sa Duse his nln6 of this fancy
or sc must let him know t.lat We agree
jurisdiction.
''If hc can take possession OF the public
schools of California and compel the
Etate q admit 20 them japanese stu
dents. contrary 10 t1e laws of California.
De could with equal propriety send as an
smcrcucut 20 the Saufo Domingo treaty
End demand Tho admission of the negro
chLdreu o. SantO Domingo into the white
schools 81 Su-tA Carolina or ot any other
state 80 The Unioa."
Praises Japanese.
Air Rayner coinclded with what the
President said fl his message I'm praise
of tfe japanese His sympathies ha1
30 said. been with them during thei-
war with Russia. and lie thought Il a
great shame that Japan should have been
ovcrFowered in the conference room
when size had heen victorious in battle
VI proposed nc said. 10 discuss the
Ircsent question entirely outside the par
ticuiat circumstances. and plant himself
on these two propositions.
THAT there IS no provision whatever
in the treaty with Japan that confers
tie right that the President speaks o. or
gives 10 the government OF Japan the
privileges that il claims in connection
with the public school system Of Califor-
mia or of any other State.
2-If there was such provision in this
treaty. or any other treaty c0nferring
tlis right. the treaty would be void and
without any authority upon the part os
tho United states 20 make it and IN
violation Of the Constitution and the
treaty making power Of the government.
Power of Treaty.
There were. lie said. two distinct schools
90 thought on the Question--one holding
that The treaty-making power is an IN
lerent element OF sovereignty. the other
that this power exists for the purpose
81 carrying out the objects OF government
as prescribed and defined by the Consti-
tuition. and that no treaty IS valid that
violates the Constitution or that surren-
Gers tho rights reserved 70 tho states
MI. Itayner said he was r. disciple OF
the latter school The precise point in
Nolved he said was the tenth article of
The Constitution: THAT powers not dele
gated 10 the United States by the Con
sttution nor prohibited by Il 10 tho
States. are reserved TO tho States r..
Fpectively or TO the people"
Conunuine. Mr.. Rayner said.
Power of State.
'The power of a State to regulate lis
public school system Is clearly among
Its reserved powers. Have we. therefore
right to provide in a treaty that the
citizens Of foreign lands shall pOssess
privileges in the public schools Of tho
State that are prohibited either by the
Constitution or by the laws Of the Stato
IN which they are clairned2 IF we car,
IN defiance Of the laws and Constitution
- State. incorporate any such provl-
sion in treaty so as TO bind the State
then We can undoubtedly deprive the
State Of every reserved right that IL
Possesses. ana rescind and annul its
laws and its Constitution whenever thev
some in conflict with the trcaty-making
bower.
II trample upon this appalling doctrine.
u ever such deformitv as this should
rreep into our judicial decisions II would
hisngure the ConAtitution to such an ex-
lent that its features would no longer be
rapable Of recognition II would ann,n
,he charter: il would Illustrate the inten-
Non Of the men who framed IL; It would
Undermine the entire framework OF the
Instrument. and II would convert us
from a constitutional government into a
dictatorship with the States in abject
Dervitude 10 Federal power, and with the
Continued on Third Page)