The Montgomery advertiser., 1906-11-09
A sTIIr. BnFUDDnauD CoNrnsmon.

STILL BEFUDpNarD CewTEsfR0R-
 AIRY.
 The esteemed columbia state some- what bumptiousiy attempts to admin ister correction to The Advertiser re- garding that vexing San Francisco edu- cational embrogiIo. It affects surprise that weil-edited newspapers like The Boston Globe and Montgomery Adver- tIser, "should have given this really complex and interesting question such superficial consideration" Then 1t proceeds to elucldats thusIy.
 states of this Union cannot enter in. to treaties These are made by the general government, and as the general government has no exclusive territory except the District of Columbia, it must be recognized that the treaty obliga- tions of the government are the oblI- gations of the several States. Now at happens that in our treaty with Japan the citizens of that country in America are guaranteed the saTne rights and privileges as the subjects of .'the most favored nation.g That obligation is imposed upon the United States. sep arately and collectively; 1t Is an obli- when the children of Japanese sub jects are excluded from the white schools of San Francisco and the ehtI- dren of English, German and French subjects are not so excluded Japan demands the same rights and privileges for her subjects as are given the sub jects of the most favored nation"
 This question has not come up before in our history because this Is the first time we have had such treaty with nation5 against whose subjects there could be prejudice because of their color. It Is new for the State and 1t is new for the government, but as we see 1t the Japanese have law and equaty on thsfr side The same rights would belong 10 Ahe subjects of King Menelsk Of Abyssinias if we granted them the prkxlleNes Accorded "the most favored nation No question of States rights Is involved when it ts considered that treaties are made by the government for all khe States and are binding on them Nor IS there the remotest con- nection between this question and sep- arate schools for the native races in South. There the State deals with It's own citizens giving equal opportunity to the two races bat in separate schools. It is a detail of internal gov ernment in which tie general govern ment is in no matter Involved and In which it has no rights equal to those of individual States.
 Without repeating arguments and evt- dences we have already used. we will auo4e the language Of man who is ac- knowledged to be one of the soundest and best informed constitutional law yers now living-Senater John T. Mor- gan. No man in public fife can more accurately define the relative rights and powers of the Federal government and the States. and no man is more loyal to both than he is. He says:
 @Caiifornia has the same right to separate Japanese, Chinese, negroes and Indians from her citizens in her public schools that she has to sepa- 21 years of age and boys under that age. or degraded persons from those who are vtrtnofs. or infected from those who have good health.
 These rights are ciassed among the police powers of the State, which Com 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 govern
 Treaties, to be constitutional, when they affect the rights of the people at large, must apply equally to all the are classed as the supreme law of the land in the constitution, and so are the acts of Congress, but the acts of Con- gress are paramount to treaties, be-
 
 no treaty can repeal or affect an act | of Congress.
 "The police powers of the States | relating to public education, and many other things are in fact an essential i part of the sovereignty of States with | which Congress has no right to inter l fere, and which, certainty, cannot be l interfered with by a treaty with 2 foreign power"
 Backed by such opinion as that, and from such high source, the arrows of The State glance from our armor oi proof as harmlessly as would a boys feather darts. We see no need to ex- tend the controversy. merely assuring The State of our distinguished con sideration, and begging 1t to take to it. self the advice it gives The Advertiser when 1t bids 1t "extend the range of its vision"