The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-13
Shows Roosevelt
as Yankee Car
Senator Rayner
Flags Stand on
the Japanese

WASHINGTON, Dec. 12.-Much inter
est was manifested in the senate to-
day when Senator Rayner delivered a
speech on the japanese question. He
oODtended that the inherent rights of a
state could not be violated by treaty
any more than they could be violated
by Congress. To support this he cited
many eases adjudicated by the SUI
preme Court and arrayed long lines of
eminent authorities.
Rayner also gave the cases and au-
thorities on the other side TO the propo-
sition- He was interrupted many times
i'm his argument by Senator'S who
wished TO bring out specific points.
He spoke for more than an hour.
Caustic criticisms of President Roose-
Velt's position on the japanese ques-
ton prefaced Rayner's discussion of
the constitutional questions involved. If
the military and civil forces of the
Federal Government were to be used
by the President, RayneT said, ii be-
came very important TO know the exact
power of the President in the matter.
Continuing, he said:
1t il quite a serious matter. in view
Of the great calamity that has lately
befaIlen the city of san Francisco.
for the President TO contemplate the
10 declare war against the Board OF
County school Trustees of SAN Fran
cisco If there is no Justification or pre-
text upon which such ferOciOus pro-
.feeedingS can be undertaken
The President is exercising a great
Y many ACKNOWLEDGEMENTS executive.
and judicial. lawful and unlawful, con-
sIirutiOnal and unconstitutional II he
Is possessed Of the idea that he is su-
pervisor of all 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 recommends the estab-
lishment OF shooting galleries in. all
OF the large public schools Of the coun-
try-we must either disabuse his mind
Of this fancy or we must let him know
that We agree as TO the Omnipotence
Of his jurisdiction
If he can take possession of the pub
lie schools of California and compel
the state TO admit 10 them Japanese
students contrary 10 the laws OF Cali
fOrnia. he could with equal prODrfety
send us an amendment TO the santo
Domingo treaty and demand the adnis-
sion of the negro children OF SaatO
Domingo into the white schools Of
South Carolina or any other State of
the Union
OF course If the people have come to
the conclusion that everything that
then there Is hardly any use IN con
testing any of his propositions. and in
stead OF comforting upon him the power
10 give Congress Information OF TIE
state Of the -nion we might confer
upon him the function of furnishing
his own peculiar views upon the entire
state of the universe and recommend
ing any improvements or changes in
the general plan of creation that he
may deem expedient from the cradle
IN fact. the President upon page
twenty-nine Of his message, antici-
4. rates the cradle and makes a recon-
endatiOn upon the state OF the Union
hat tends to place IN his hands the
esta blishuent of the birth rate OF the
t.untry- Now If we can only supple
mt this function by giving MIN COM
ete Jurisdiction over the death rate
ae viii have q rule on which his
uhiGuitv is uncircumscribed and whose
reach Of human contemplation.
Rayner conceded with what the
President had said in his message in
praise Of the japanese. His sym
psthies had, he said. been with them
during the war with Russia, and he
thought it a great shame that Japan
should have been overpowered in the
conference room when she had been
victorious on the battlefield Rayner
proposed. he said, 10 discuss the pres
ent question entirely outside of the
particular circumstances and plant
himself on these two propositions:
THAT there is no provision what
ever in the treaty with Japan that con-
fers the right that the President speaks
Of or gives TO the Government of Japan
the privileges ia claims in connection
with the public school system of Cali
fornia or of any other State.
2-Tf there should be such a Drovf-
sion in this treaty any other treaty
comforting this right the treaty would
he void and without any authority upon
the part of the United States to make
IL and in violation of the constitution
and treaty making power of the Gov
eminent.
The precise point involved is the
tenth article of the constitution. that
I'll - &tn T--s< -
States by the constitution nor profib-
tied by II TO the States are reserved to
the States respectively or TO the peo-
pie. The power of a State to regulate
its public school system is clearly
among its reserved powers