The Birmingham age-herald., 1906-10-29
Senator Morgan Discusses Con- stituIiOnd Features
JAPANESE CAN BE EXCLUDED
United States Cannot Enter Into Treaty With Any Foreign Country Interfering With
 State Police Rights.

Washington October S.-(special1-An Herculean task confronts the Roosevelt administration if it attempts to maintain, either in Congress or before the supreme court of the United States, the principle enunciated by Secretary of State Root that the federal government can by treaty interfere with the rights of the various states to regulate their own school laws, and coerce California to re- eeive Japanese children in her white schools.
 The Root doctrine Is that the constitu- ton of the United States affords ample authority to compel observance by a state of the provisions of an international treaty. and if sustained would deal a vital blow to the constitutionality guar anteed sovereignty of the states which has been maintained under succession of Presidents ever since the matter was fought out ill the infancy of the republic between the followers of Jefferson and Hamilton.
 Any attempt by the administration to invoke the sixth article or the conslltu- ton to compel the local authorities of California to admit the Japanese into the white schools of the state will immediate 1y arouse determined opposition in the Senate and nun counter to the enuncia- tions of Danlel Webster and other great Secretaries of State and to the rulings of Chief Justice Story and other distin- of laa prone court of the United States.
 That the Root doctrine will meet with determined Opposition in the Senate, where the constitutional law and prece- dent have always been supreme and sacred, k evident from a foreeful express sion of Ilion on the new idea this es-aninvtss, Senator John T Morgan of Alabama. 4han whom there is no abler expounder of the constitution in active public fife. Senator Morgan, who is member of the Senate committee on for- eign relations, pointed out the fallacy of the Root doctrine" this evening. When asked whether the federal government could invoke the constitution to bolster up interference by treaty with the rights of California, to regulate its own school laws Senator Morgan said:
 Morgan Talks.
 california has the same right to sepa- rate Japanese Chinese. negroes and In- dians from her citizens in her public schools that she has to separate males and females, men over q years of age and boys under that age, or degraded persons from those who are virtuous, or infected from those who have good health.
 ,a1 tl,a police powers of the state, which Con gress has no right to control. Nor has the President and the Senate the power to regulate and control these rights by treaty with foreign governments.
 "Treates to be iconstitutional, when they affect the rights of the people at large, must apply equally to all the peo- pie of the United States. Treaties are classed as the supreme law of the land in the constitution, and so are acts of Con gross, but acts of Congress are para mount to treaties. because Congress may repeal treaties, but no treaty can repeal Or affect an act of Congress.
 '"rhe police powers of the states relat- ing to public education, and many other things are in fact an essential part of the sovereignty of states, which Congress has no right to interfere, and which, cer- talnly, cannot be interferred with by treaty with any foreign power.
 The Real Trouble.
 "The real trouble with Japan, l am afraid, goes back to the treaty of al- lance, offensive and defensive, that she made with Great Britain while the Ports mouth treaty was being negotiated, and kept secret until that treaty was exc cuted l am afraid Japan is trying to make trouble with us in the expectation that ultimately she can require that Great Britain will execute that offen- the prejudice of the interest of the Uni ted States in the Philippines and in our trade with China.
 Equal education in the public schools of California at public expense for our own native citizens and the Japanese ought to be sufficient to satisfy those who are receiving it's benefits without ex- pense to the pupils or the Japanese Such education was being given to the cadets at Annapolis without any discrimina- tion, and in a very generous spirit, but seems not to be satisfactory to Japan.
 'I am afraid that her alliance with Great Britain is giving rise to pretensions that Japan will find very troublesome and difficult to realize.
 'The favored nation clause extends to so or 90 per cent of every commercial treaty we have. If Japan should be se- cured the right she is demanding in Cali fornia by treaty the. favored nations clause would load up our state public schools with pupils from all those na- tions, from the highest to the lowest and the states would be compelled to close their public schools to get rid of them.'
 
 SneIIino Reform