The Montgomery advertiser., 1906-12-13
PRESIDENT
 IS CONDEMNED Senator Rayner's Warm
 Roast. DISCUSSES JAP QUESTION Wants to Know How Roosevelt
 Will Use Military. Contend That the Inherent RIshts of state Could Not Re Violated by Treaty of
 Congress.

Washington, Dec l2.--Much interest was manifested in the Senate in the po- sition defended by Senator Rayner in his discussion today of the Japanese question.
 He contended that the inherent rights of a State could not be violated by treaty any more than they could be Vio- lated by Congress. To support this he cited many adjudicated eases before the Supreme Court and <arrayed long lines of eminent authorities.
 MT. Rayner also gave the eases and authorities of the other side to the proposition. He was interrupted many times in this constitutional argument by Senators who wished to bring out specific points in the discussion. Mf' Rayner spoke more than an hour;
 Caustic criticism of President Roosevelt's position on the Japanese question prefaced Senator Rayner's discussion in the Senate today of the constitutional questions involved.
 Does He Contemplate BOmbardmentF
 If the military and civil forces of the Federal Government were to be used by the President, Mir. Rayner said, it became very important to know the exact power of the President in the matter, "because," he added. Tt is quite serious matter in view of the great calamity that has lately befallen the city of San Francisco for the Pres ident to contemplate the bombarding of the city at this time, and to declare war against the boards of county school trustees of California.
 If there is no justification nor pre- text upon which such ferocious pro- ceedings can be undertaken, the Presi- dent is exercising a great many func- tions--executive, legislative and judi cial, lawful and unlawful, constitu- tional and unconstitutional If he is possessed of the idea that he is the supervisor of all the public school of the various States of the Union to be impressed with this idea, because Tn the very last paragraph of his message, he recommends the establishment of shooting galleries in all the large pub lie schools.
 If he can take possession of the public schools of California and compel the State to admit to them Japanese students contrary to the laws of Cali send us an amendment to the Santo Domingo treaty and demand the ad- mission of the negro children of Santo Domingo into the white schools of south Carolina, or of any other State of the Union.
 "of course If the people have come to the conclusion that everything that the PfeSIueHL iS IibhtJ then there is hardly any use in contest ing any of his propositions and instead of comforting upon him the power to give Congress information of the state of the Union, we might confer upon him the function of furnishing his own peculiar views on the entire state of the universe and recommending any Improvements or changes in the gem eral plan of creation that he may deem eXpedient, from the cradle to the grave.
 Anticipates the Cradle.
 "In fact, the President, on Page 29 of his message, anticipates the cradle and makes a recommendation upon the state of Union that-tends to place in his hands the establishment of the birth rate of the country. Now, if we can only supplement this function by giving him complete Jurisdiction over the death rate, we will then have a ruler whose ubiquity Is uncircum- scribed, and whose unlimited possibili- ties are beyond the reach of human contemplation"
 Mir Rayner coincided with what the President had said in his message In praise of the Japanese. His syHpathies had, he said, been with them during their war with Russia, and he thought it a great shame. that Japan should have been overpowered in the confer enee room when the present question entirely outside the particular Scircum- stances and plant himself on those two propositions:
 First. that there is lo provision whatever in the treaty with Japan that confers the right that the President speaks of,~or gives to the government of Japan the privileges that t claims in connection wtth/the public school system of California or of any other State.
 Second. if there was such a provision in this treaty or any other treaty con feEring this right, the treaty would be 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 of the government.
 There were, he said, two distinct schools of thought on the uestion; one holding that the treaty making power Is an inherent element of sovereignty, the other that this power exists, for the purpose of carrying ou ne obieectsof government as prescribed and defined by the constitution, and hat no treaty is valid that violates the constitution or surrenders the rights reserved to the States.
 Mir. Rayner said he was a disciple of the latter school
 SehOOA heAOng 10 Stnte.
 Continuing Mr. Rayner said:
 The power of a State to regulate It's public school system is clearly among it's reserved powers. lave we. therefore, a right to provide in a treaty that the citizens of foreign lands shal! possess privileges in the pubic schools of the States that are prohibited. either by the constitution, or by the laws ot the State in which they are claimed? If we can, in defiance of the laws and con rtitutlon, of a State, incorporate any such provision in a treaty so as 70 bind the State. then we can Indoubt- rdly deprive the State of every reserV- cd right that it possesses and rescind and annul its laws and its constitution whenever they come in conflict with the treaty making power.
 q tramplc on this apalling doctrine. If ever such dcformity as this should creep into our judicial decisions. it would dishEure the constitution 'o such an extent that it's ledtures would be no longer capable of .eognition.