The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-13
RAYNER ASSAILS PRESIDENT
NO RIGHT TO INTERFERE WITH
STATE SCHOOL SYSTEMS.

lie Seems to Have the Idea, says Rayner'
mat RE Is Supervisor of All the Public
schools. as He Recommended shooting
galleries In All the Larger Ones.
WAsHrNoroN Dec. Ex-senator Rayner
of Maryland addressed the Senate to-day
in support of the resolution he recently
introduced expressing the opinion that the
Federal Government had no right to inter-
fere in the japanese school question in
California, and that il was the duty OF the
President to 80 notify the Japanese Govern
ment.
His arguments were directed Principally
against the pow er of the President under
the Constitution 10 interfere with the school
system Of the STATES, to control which, MI.
Rayner asserted, was one OF the rights not
delegated 10 the general Government by
the States, and to show that there was no
provision in the treaty with Japan giving
the subjects of that country preferential
treatment in the schools.
The President" Mr.. Rayner said, "had
stated in his message that the Federal
Government possesses some power in con-
nection with the subject matter set forth
in the resolution, and that everything
within his power shall be done and all OF
the forces. military and civil, of the United
States which he may lawfully employ VIII
be employed for that purpose.
1T is very important, therefore, hat we
should know, and the country should
know, and the President should under
stand whether he has any power in the
premises at all, because it Is quite a serious
matter in view Of the great calanltY that
has lately befallen the city Of a Francisco
for the President 70 contemplate the bonn
harding Of the city at this time, nj 10
declare war against the board OF county,
school trustees Of California If there Is no
justification or pretext Dol which such
feroCious proceeding can be undertaken.
THE President is exercising "A great many
functions legislative and judi
cial, lawful and unlawful, CONSTITUTIONAL
and unconstitutional. If he Is possessed
of the idea thai he Is the supervisor OF all
of the public schools Of the various States
Of the United States-and he seems 70 be
impressed with his idea. because III the
very last paragraph OF lis message he
recommends to Congress the establishment
Of shooting galleries in all OF the large
public schools Of the coUntry--we must
disahuse his mind OF this fancy or we must
let him know that we agree with him as to
, the omnipotence of his jurisdiction.
If he can take possession OF the public
schools of California and compel the State
to admit TO them japanese students contrary
10 the laws of California, he could with equal
proprietv 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 o. of any other State of the Union.
-Of course, if the people have come 70 the
conclusion that everything that the Presl-
dent recommends Is right, then there IS
hardly any Use in contesting any OF his
propositions, and instead Of comforting upon
hun the power to give Congress inf rmation
Of the state Of the Union we might confer
upon him the function Of furnishing his
own peculiar views upon the entire state
of the universe and recommending any
improvements or changes in the general
plan of creation that he may deem expedi-
| emit, from the cradle to the grave.
In fact, the President, upon page twenty
nine Of hismessage, anticipates the cradle
and makes a recommendation upon the
state Of the Union that tends TO place in his
hands the establishment Of the bi tn rate of
the country. Now, if we can only supple
ment this function by giving him complete
Jurisdiction over the death rate we will then
have a ruler whose ubiQujty Is. uncircum-
scribed and whose unlimited possibilities are
beyond the reach Of human contemplation,
q believe that there If sufficient residuun>
Of common sense and independent thought
in the American people TO keep the Execu-
tive within the prerogatives Of his Office
and TO tell him quietly and respectfully to
understand that the executive chair is not
exactly the place from which TO deliver
cxhortations or a course Of didactics upon
either the natural rights or the infirmities
of the human race, and that in his message
and recommendations he ought to confne
himself to the functions prescribed by the
Constitution