Daily capital journal. (Salem, Oregon) 1903-1919, 1906-12-12
RIGHTS OF THE STATES.
The Necessity Which Is Arising for
Their Vigorous Assertion.

Iheir vigorous Assertion.
(San Francisco Chronicle)
The audacity with which President
Roosevelt asserts the paramount au-
thority of the federal government in
respect to matters over which no |
paragraph of the constitution conveys |
jurisdiction, either directly or by any |
reasonable implication. might be
passed over lightly were It not for
the multitude of people--and really
Intelligent people-who do not think
of questioning a vigorous assertion of
authority of a high official. The as
sertion Of federal authority TO even
officially inquire into the regulations
or management OF the public schools
of any state is monstrous, and yet the
chairman OF the judiciary committee
Of the house of representatives Is re-
ported as saying that "unquestion-
ably a treaty can be made covering
and including the school question
Representative jenkins. Of course
means a valid treaty and doubtless
bases his assertion on the following
Language of the constitution:
"This constitution and the laws OF
Itbe United States which shall be
made In pursuance thereof, and all
treaties made. or which shall be
made. under the authority of the
limited States. shall be the supreme
law of the land; and the judges In
every state shall be bound thereby
Ianvtbing In the constitution or laws
lof any state to the contrary no'"i'n'
standing" a..
Now the President, supported u
annears by the chairman OF the
ibopse judiciary committee assert.
that the power 20 make a treaty uh'
asr tbe authority OF the United state.
conyevs the power 10 make treaty
IN excess of that authority The plail
naonle know that to DE rank usurpo
lion They do not know what ln'
e,ical reasoning Of federal l"ase'
,n,husd with an unconscious lncllha
,,an M extend the authority OF lh'
,no,bine of which they are part ma
,aad tbem 10. What the PresideH
49, ,hlnk is of no great eonse
onence The opinion OF a lawyer "
4noh abuify as 10 become Chairman
- tbe judiciary committee o. IN.
? t.nse is a far grayer matter. hsp'
: IN, is a. grave in view OF 'he eA
5 ss language Of the tenth amend
mt which says: The powers no no
; so,ono,ed 10 the United States y
~ constitution. or prohibited pF
- tho states. are reserved 10 IN
...ss respectively. or 20 the people
T 10 one oretends that the eon'l' ,e
- s,ate schools is function OF -
. S-,o~a, government, and Chairin@
,1,,,ns expressly states that It Is no
avcent in pursuance OF Ife@,'
yTSot therefore. the people are asNg n,
: ~ hs,leye Is that they have comm
"a - the President ana ssh@'s =
,,no,ity over a strictly ooni',,. y
.,tor which they have denlea % y !,
.. n-.'s,aant - and congress TO mas ma.
. ~ matter more absurd We 'eD,e
IN. ,n~ - have read not long ago. ID
oeref,ily % prepared article IN one - y
Ca, earl ,ssalug ,,,. reviews which We are -, :,
oS'o oa. 70 quote but signed BY a :. '9, {,
s,.b legal authority ii @s -
m,staten. u's By one Of the ll',ls.o s.o
~ snpreme eourt--ihat u ~
a9slet between a treaty ana "a, : - (,
a,s he supreme court i' sl'IS "a.
~ sate Of the Two lavs' aaa 49,. .,o
-so-slpe 10 ~ths latest eA'
,tre legislative authori'y y
.s-,on which We distinctly
M that Be the fact, aseoIa..s =
y. - ,onteation OF the federal 49,. ~,
,,ss. the President ana '"