Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-12-12

his discussion today OF the Japanese
question. he contended that the inher-
ent reports OF state could not be vio-
lated By treaty any more than they
could be violated by Congress. To sup
port this he cited many adjudicated
cases before the supreme court and ar
rayed long lines of eminent authorities.
Mr.. Rayner also gave the cases and
authorities Of the other side to the prop
osition He was interrupted many
times in his constitutional argument by
senators who wished 10 bring out specl-
tio points Senator Rayner spoke for
more than an hour
RAYNER'S ARRANGEMENT.
Caustic criticisms of President
RooseVelts position on the Japanese
question prefaced Senator Rayner's
discussion In the senate of the con-
stltutional questions involved. If the
military ana civil forces Of the fed
eral government We're to be used BY
inc president, Mr., Rayncr, said II be-
came very important 80 know tho eX-
act power Of the president IN the mat
ter. Because" he added. 1T is quite
serious matter IN view OF the great
calamity that has lately befallen the
city OF san Francisco for the president
Go contemplate the bombardlng Of the
city at this time, and to declare war
against the board Of county school
trustees OF San Francisco II there Is no
justification OF pretext upon which
such ferocious proceedings can BE- un-
dertaken.
PRESIDENTS FUNCTIONS.
THE president is exercising a great
many functions--lcgislativ oxecu-
tive ana judicial, lawful and unlawful
constitutional and unconstitutional. III
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 to be impressed
with this idea, because In the very last
paragraph of his message he recon-
mends the establishment of shooting
galleries In all of the large public
schools Of the country, we must either
disabuse his mind Of this fancy or We
must let him know that we agree
as 10 the omnipotenoe OF his iurisdic-
tion. If he can take possession OF the
public schoufs OF California and COM
pei the state TO admit to them Jap
anese students contrary to the laws
Of California, he could with equal pro-
priety send us an amendment 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
state Of the Union.
STATE OF THE UNIVERSE.
OF course, if the people have come 70
the conclusion that everything that the
president recommends Is right, then
mere Is hardly any use In contesting
any or his propositions, and instead OF
comforting upon him the power to give
congress information Of the state of
the Union, we might confer upon him
the function OF, furnishing his own Pc
culiar views upon the entire state of
the universe and recommending any
improvements or changes In the gen-
eral plan of creation that he may deem
eSpedient, from the CRADLE to the
grave. In fact the president. upon
page 20 OF his message, anticipates the
cradle and makes recommendation
upon the state of the Union that tends
TO place In his hands the establishment
OF the birth rate of the country. Now
If we can only supplement this func-
ton by giving him complete jurisdIc-
ton over the death rate, we will then
have q rule on which his ublqulty Is
unclrcumscribed and whose unlimited.
possibilities are beyond the reach Of
human contemplation"
Mr., Rayner coincidcd with what the
president had said in his message in
praise Of the japanese His sympa-
thies had, he said, been with them dur
ing the war With Russia, and he
thought II great shame that Japan
should have been overpowered IN the
NJ fgp 49,
victorious on the battlefield. He pro-
posed, he said, TO discuss tho present
question entirely outside Of the partic-
ular circumstances and plant hlmself
on these two proposltlons
MAIN PROPOSITIONS.
THAT there Is no provision what
ever in the treaty with Japan that
confers the right that the president
speaks of or gives to the government
of Japan the privilege that II claims In
connection with the public school sys-
TEN Of California or OF any other state.
2--lf there was such a provision I'm
this treaty, or any other treaty confer
ring this right. the treaty would be
void and without any authority upon
the part OF the United States to mako
IL, and In violation OF the Constitution
and the treaty making power OF the
government.
1.-THE precise point involved" he said.
is the tenth article Of the Constitution.
that powers not delegated TO the United
States by the Constitution nor prohibit
ed by Il 10 the states. are reserved 20
the states respectively or 10 the peo-
pie"
Continuing Mr., Rayner said:
THE power OF a state to regulate its
public school system Is clearly among
It's reserved powers. Have we there's
fore, a right TO provide IN a treaty
that the citizens OF foreign lands shall
possess privileges IA a treaty that the
citizens OF foreign lands shall possess
privileges In the public schools OF the
states that are prohibited either by the
Constitution or by the laws OF the state
In which they are claimed. II we can,
In defiance OF the laws and constitution
OF state. then We can undoubtedly de-
prive the state OF every reserved right
that Il possesses and rescnd and annnl
its laws and It's Constitution whenever
they came In conflict with the treaty.
making power. ! trample upon this APP
palllng doctrine. II ever such "A de-
formity AS this should creep into our
judicial decisions IT would disfgure the
Constitution to such an extent that It's
features would no longer BIZ capable
OF recognition II would annul the
charter; It would Illustrate the intention
OF the men who framed 1t: Il would
undermine the entire framework OF the
instrument. and Il would convert us
from a constitutional government into
n dictatorship. with the states In alb
ject servltude 10 federal power and
with the executive In practical control
OF the destinies Of the republic"
COUNT HAYAsHfs VIEWS.
Seattle, Dec. 1.-THE latest issue OF