The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-09-05


state OF Oklahoma Is an "inseparable"
part of the Federal Union and that
the constitution OF the United States
is the supreme law of the land"
This should eliminate any question OF
the state right OF secession. and re-.
cognizes the binding force Of the Fed
eral Constitution. II Is not expressly
declared, however, that the laws of
the Omitted States made in pursuance
or tne constitution and the treaties
made mnder n1% authority Of the Uni
ted States, are Ylso the supreme law
OF the land as does the constitution
of the State OF Kansas But as the
Federal constitution itself makes such
laws and treaties, along with the
constitution, the supreme law OF the
land, the limited declaration that the
constitution was such law would by
necessary implication seemingly in.
clude the Federal laws and treaties
The doctrine that the treaties Of the
Federal Government are the supreme
law of the land. and that the states
must obey them. Is one that may in
time be fraught with grave conse-
lluenees for the reason that there are
AN AtliAAiiiNltR upon AMt NliaA 1LAti Ot
the treaties which the President and
two-thirds Of the Senate may make.
other than possibly those found In the
inherent rights reserved to the states.
But even here the subject might
again become one of heated discus
sion between one or more states and
the Federal authorities This Is clear
~ indicated in the recent sudden and
angry sauall that appeared in Califor-
MIA over the provision of the Japanese
treaty relating TO the rights Of the
Japanese in the public schools of the
country The right 10 make treat
ties Is one of the enumerated powers
conferred by the constitution OF the
United States, and no specific limita-
tiOns are placed upon that power. And
this Is not a right which can be regu-
lated by popular representation Of the
states In Congress. but is centraNzed
in the hands ot the Presidentfand that
exclusive aud aristocraic body consti.
tlting the upper diouse of Congress.
Thus il seems about thirty-two men
IN the United States can By a treaty
interfere In almost gny manner with
the internal concerns OF the states
/
J 20 prohibit The alien ownership OF
large bodies of state lands could be
completely nulh6ed by treaties Civ
] inc TO aliens the same right Of prop
erty ownership as our own citizens
! enjoy and this IS but one among many
Illustrations that might be used. A
hasty and ill-cOnsidered treaty might
be the meM< OF plunging this coun
4 try into a foreign war. Take japan
! for an illustration, She has bona
fide and valid rights under treaty
stipulatlons with this country. This
treaty being the supreme law of the
land, the President Is sworn TO en-
| force u as the executive OF the Fed
1 eral Government Japan is under nc
obligation 20 look 70. OF await the ac
ton OF any state of the Union. Hel
treaty Is with the Nation. and a VIC
lation of that treaty by any state Is
a national violation for which she
/ w0uld nave the perfect right to In
stantly declare war II she so desired
regardless OF state sovereignties By
/ treaty. the Federal Government could
even take private property without
I just Compensation, and a violation OF
I that treaty would constitute "a cause
OF war. Thus while Congress car
1 alone declsre war. against another ma
ton. few men make such a treaty
as mixht result Ia war being declared
I against ns; and while Il might trks
both houses OF Congress 10 enact .
law. the same few men could anRul
thatflaW by conflicting treaty.