Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-01-02
SENATOR RAYNER ON
JAPANESE QUESTION
Upholds Inherent Rights
Of States Against
Treaties


est was manifested in the senate to.
day when Senator Rayncr delivered
speech on the Japanese question. lie
conicndcd that the inherent rights of
state could not be violated by treaty
any more than they could be violated
by Congress. To support this he cited
many cases adiudicatcd by the Su
prcme Court and arraycd long lines
of eminent authorities.
Rayncr also gave the cases and an
thoritics on the other side to the prop
ositiuu. He was interrupted many
times in his argument by Senators
who wished to bring out specific
points. lie spoke for more than an
hour.
Caustic criticisms of President Roo,
scyelts position on the Japanese qucs.
tion prciaced Rayncr's discussion of
the constitutional questions involved
II the military and civil forces of the
Federal Government were to be used
by the President, Rayner said, II be-
came very important to know the cX
act power of the President In the mat
ter
Continuing. he said.
II IL quite serious matter, IN view
ol thc great calamity that has lately
bofallen the city of San Francisco fnl
the President tn contemplate the bonn
harding of the city at this time and I,
declare war against the Board of Cour
~ School Trustees of San Francisco
II there IL no justification or prctcN
upon which such fcrocious proceed
inGs can he undertaken.
The President Is exercising grca
many unctions-lcGislativ eXccutiv,
and judicial, lawful and unlawful con
stitutional and unconstitutional. I
lie Is possessed of the idea that h,
is supervisor Of all the public schools
ri the various States of the Union
and he seems to he impressed witt
this idea, because In the very last par
agraph of his message he recommend
les In all of the large public schools
of the cOuntry--wc must either dis
abuse his mind Of this fancy or W,
must let him know that we agree N
To the Omnipotcncc of his jurisdiction
II he can take possession of the pub
lie schools of California and compe
the State to admit to them Japanes,
students contrary to the laws of CAT
fornia, he could with equal prophet,
send us an amendment to the SAINT,
Domingo treaty and demand the al
mission Of the negro children of San
to Domingo into the white schools q
South Carolina or any other State o
the Union.
or course II the people have come l.
the conclusion that everything that tn
President recommends IL right, thcl
there Is hardly any use in contestin
any df his propositions, and instead o
comforting upon him the power to Civ
. Congress information of the state o
the Union we might confer upon hin
the function OF furnishing his own ne
culiar views upon the cutire state %
the universe and recommending an.
improvements or changes In the gen
eral plan of creation that he may deem
cxpedient from the Grade Ia the grave
In fact, the President upon pug
twenty-ninc of his message, antiCi
pates the cradle and makes recon
mendation upon the state of the uniol
that tends 10 place In his hands the es
Establishment of the birth rate of tn
country. Now II we can only supple
ment this function by giving him com
pletc Jurisdiction over the death rat,
we will have rule on which his ubid
uity Is uncircumscribod and whose IN
limited possibilities are beyond tn,
reach of human contemplation,
Rayner conceded with what ~,
President had said in his message IL
praise of the Japanese. His Eympa
thies had, he said, been with then
during the war with Russia, and h.
thought II a great shame that JapaI
should have been oyerpowercd In tn,
conference room when she had beeI
victorious on the battlefield. Rayne
proposed, he said, to discuss the pres
Ont question entirely outside OF tn,
particular circumstances and plan
himself on these two propositions:
THAT there Is no provision what
ever In the treaty with Japan tina
confers the right that the Presiden
of Japan the privileges 1t claims IL