Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-12-13
SENATOR RAYNER TALKS.

HdSHlliS ttnl. Dec. I-.-Muc1 lHttltSt
was manifested in the Senate in the
position defended by Senator Rayncr
in his discussion today of the Japanese
question. He contended that the i'll
nerent rights of Il state could not he
violated By treaty any more than they
could be violated by Congress. He was
interrupted many times in his consti-
tutional argument by senators who
wished 10 bring out specific points in
the discussion.
Caustic criticism of President RooSe-
Velt'S position on the Japanese queS-
ton prefaCed Senator RayncrS discus
sion III thC Senate today Of the cOnSti-
tutional questions involved. If the
military and civil forces of the federal
government We're to be used by the
President, Mr.. Rayner said it became
very impoi tant to know the exact pO,v-
CT of the President in the matter. Be
cause he added, lit is quite IL serious
matter in view of the calamity that
has befallen the city of San Francisco
for the President to contemplate the
bonbaruing Of the city at this time,
and to declare war against the boards
of county school trustees of California:
# there is no Justification or rreteXt
upon which such ferociouS proceedings
can be undertaken.
The President is exercising 4 great
many MISUNDERSTANDING. legiSla tive
and judicial, lawful and unlawful. con-
stitutional and unconstitutional. II he
is possessed of the idea that he is the
sunel visor Of all the public school Of
the various states Of the Union. and nc
-ItG IA, j3f. in,t,r.s .p1 with tho i1c.J
because i the the very last para
graph of his message he recommended
to Congl ess the establishment of Shoot
ing galleries in all of the large public
schools of the country, we must either
disdbuS" his mind of this fancy or We
must 1t him know that We agr,r with
him as to the omnii,otcncc of his ,urlS-
'.iC' ION. Ii he can take possession of
the public SchnolS of California ana
compel the state Ia admit to them Jap
ancsc students contrary To the laws
Of california. he could with ccHIal pro
iricty send us IN amendment to the
S>'nt" Domingo treaty and demand til"
admission of the negro children IF sam
to Domingo into the white school; Of
South Carolina or of ar, other state
al Tic Union. Of course. if the people
hHyc trin" t. the conclusion that every
thing thn' HE President recommends
is right. teen There is hardly any u@4
in cuHt"%tjnG any of his propositions
1uG instead Of comforting upon him
70 power Ia give Congress; infor,ila-
tinn "n III. Stat" Of the Union. we
might 'o..t"r upon him the function of
Furnishing; hii own peculiar views up
on the "utirc stat" of the universe and
recommending Improvements; or
changes in tho general plan Of creation
that he may Deem cXpedlcnt from the
cradle ~ the grave.
AR. Rayurr coinci.lcd with villa; the
President lad sad III his message in
p!aif" q the Jdrln"5r. HI proposed. he
sad t" discuss thc present Que ti"u en-
tn 2Iy nuis.'~ tho particular circumstances
and slant hin-ol: OF these two prprrsi-
TORS
!. That there IL - provision hatrvcr
il tic treaty with Japan that confers tho
right that the President Speaks Of or
gives to the government of Japan the
privileges that it claims in connection
with the public school system OF Calfor-
MD or e any other state
:. If there was such a provision in this
treaty. or any Other treaty. C0'tter!Tng
tbs right. the treaty would be void and
without any authority on the part of the
United states to max, it. and in violation
Of tie construction ard the trcdtymak-
irs power IF the government
The precise point involved. he said,
was the l",h article OF the constitution.
thar rowCTs not delegated to the United
States by The constitution nor prohibited
By It to Ii" states, are reserved to the
states. rcspe Ctively. or to the people"
Mr.. Rayrer said that the power OF a
state to le2ulate its public school system
was clearly among its reserved powers
| ard added: IF we can. in defiance of
the laws and constitution of a state III
corporate any such provision in 4 treaty
Sc as to bind the state. then we can I'M
douhtedly deprive the state of every re
served right that it possession and re-
scinG aud annul its laws and its constitu
ton wherever they come in conflict with
the traaty-making power
Such doctrine. Mr.. Rayner concluded
would convert us from constitutional
CovnnN