The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-12-14
Congress nor Treaty Can Violate
Rights of a State.
Riach InteFest Taken by Senator'S in
Mr.. Rayners Speech ON Japanese
4uestion-The Speaker Quoted
Many Authorities in Support of His
aontention-Wante to Know the
Exact Power of the President in the
Matter.

terest was manifested in the senate on
the position taken by Senator Rayner
IN his discussion today of the japanese
question. He contended that the in
s7ofated by treaty any more than they
eould be violated by congress. To sup
Fort this he cited many adjudicated
cases before the supreme court and ar
Eayed long lines of eminent authorities
Mf. Rayner also gave the cases AMI
authorities for the other side of rne
proposition.
Caustic criticism of President ROose-
yelt's position on the Japanese question
pa'efaced Mr.. Rayner's speech. f the
nilitary and civil forces of the federal
government were to be used by the
president, Mr. Rayner said it becomes
very important to know the exact
power OF the president III the matter
Because, he added, 'it is quite a Sc
F5ous matter, in view Of the great
calamity that has lately befallen the
city Of San Francisco for the president
20 contemplate the DOmbarding the
city at this time. and 10 declare war
against the boards of county school
trustees Of California, if there IS I'd
Justification or preteXt upon which such
(erociOus proceedings can be under
taken. The president is exercising ii
great many unct.OnS-exeCutive, leg
fSlative and judicial, lawful and unla,W-
fSll, constitutional and unconstitutional
II ne IS possessed OF the idea that he
is the supervisor Of all OF the public
schools OF the various states OF the
aniOn, and he seems 10 be impressed
with the idea, because IN the last
paragraph OF his message he recon-
1ends to congress the establishment
Of shooting galleries in all OF the large
schools of the country, We must either
hsabuse his mind of this fancy or we
must let him Know that We agree with
him as to the Omnipotence of his juris
dictiOn. If he can take possession or
che public schools Of California and
compel the state to admit to them
japanese 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
adnhssiOn OIL the negro children OF
Santo Domingo into the white schools
of South Carolina Or of any other state
of the union"
Mr.. Rayner conceded with what the
president said in his message in praise
OF the japanese. His syInpathieS had,
he said. been with them during their
war with Russia, and he thought it
great shame that japanese should have
been overpOwered in the conference
room when she had been victorious IN
battle. He proposed, he said, to discuss
the present question entirely outside
the particular circumstances, and plant
himself ON these two propositions:
"1. That there is no provision what
ever in the treaty with Japan that
Hsonfers the 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 California or of any other
state
s2 If there was such provision in
this treaty. Or any other treaty con-
ferring this right, the treaty would pe
void and without any authority upon
the part of the United States to MAKE
it and in violation Of the constitution
and the treaty making power on he
government"
There were, he said, two distinct
schools of thought on the question;
One holding that the treaty making
power is an inherent element Of soEer-
eighty. the other, that this power ex-
lists for the purpose of carrying our
the objects of government as prescribed
and defined by the constitution ana
that no treaty is valid that violates the
constitution or that surrenders the
rights reserved to the states. Mr. Ray
ner said he was a disciple of the latter
school. The precise point involved, he
said, was the tenth article Of the con-
stitution: That powers not delegated
to the United States by the constitution
NOR prohibited to it by the states, are
reserved to the states respectively or
to the people,
Continuing, Mr.. Rayner said:
1.-The power of state to regulate its