Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-02-09

! On STATE RIGHTS
,.,,,or Frazier Discusses it in
S, Connection With the Japan
sse School Question.
,,psoyEs BLAlNE's EXAMPLE,
a.. President with Usurpa-
o =. and overriding the Treaty
ssak.se Power

-, Feb, s.--Federal en-
wa sas.t on state rights with the
.'os .,sse school question as the pr'n y,
J'pans s,',s,ration, was the subject OF
s', address, TO the senate today by ss''-
~, ~ rraz,er of Tennessee. 80, =
wv r-az,er said that this was MOI a
NJ that concerned California. oa W
a seosrned the right of every s' a. the
'ones ,, ,ts domestic affairs. l. 'ne
e' .,,,, government %, by treaty could rob
'saera .. If control of its own scho0i
S' the last stronghold OF Local
sss ''.,rDr,snt was destroyed. IL
go oo,,ld force Mongolians into the
-, schools of California treaty
- ,, ,orce the negroes OF Cuba, santo
T.ominro, Hayti and the Congo ih'o
Nv scbools Of Tennessee in defiance OIL
~. NV laws ,or the separation OF the races.
Va EXPRESSED the highest admiration
to- tbe Japanese, but said that the ac-
.,nr ~ California furnished no pretext
q, s a quarrel with that country. Inc
s,,ool board of San Francisco had SIM
80, ~. sva,,tsd a state law providing for
py SnSa,ton of white and Japanese
.snaren IN separate schools IL NAG
elia' Sno,sad over and over again that
W. bad a perfect right to make sucn
So aor,t Han that the state OF Caiifof,
sepafatVn, exercising It's legal and
constitutional power -. Ant.
us dsnIad with emphasis that TINS
,,srnn,srt had ever undertaken py
,ss,a,,, IA interfere with the constitu-
.ionsI rights OF California in TINS re-
s .V Quoting the language OF the
treaty no said. a,a n, a n
,uo.., sua,an,eelng to Japanese resi-
dents the right to enter puDilc schoois
OF the states at all, much less 10 er.er
them In defiance Of state laws anu reg
ulatlons,"
The United States government can
not compel state to create puol.o
schools al oil. The schools Were
creatures Of state law. maintained py
state taxation and subject only 10 thls
control The right OF residence guar
anteed 10 the Japanese implied the
right To work and make living. but
nat 10 40 to school. But even II the
right OF residence did carry with IL
the right to enter public schools, ne
added, 1t did not carry any exemption
from this right Of separation In the
schools. The treaty with japan pro-
yided that the Japanese must con-
form themselves to the laws and police
regulations of the country like native
citizens. Can 1t be commended that
Japanese aliens have acquired higher
privileges than they would have as
citizens Of tho United Statesi"
He contended that the president
ought to have followed the example OF
Mr.. Blaine, In the case OF the lynohing
of Italian citizens In New Orleans.
There was treaty with Italy which
guaranteed protection to Italian citi-
Gems but when the Italian government
complained, Mr.. Blaine informed 1t
that Italian citizens had no higher
rights than Americans and that tho
right to punish for murder WAS the ex-
elusive province OF the state where
The crime was committed.
Mr.. Frazier said he did not believe
we had reached the point where we
must apologize for our Constitution or
change iu character by construction
81 the suggestion Of foreign power.
Our trouble with Japan, he said, had
is origin In our colonial policy, which
had inspired fear In the nations of
The east that We were attempting to
dominate the politics and commerce OF
the orient.
Mr.. Frazier dweit at length on the
recent speech OF socy. Root, which he
Declared TO be threat to wipo out state
lines and absorb all powers of the
states into the federal government.
When he said, "the states are de-
prived OF the right 10 Judge whether
fnd how far they shall exercise their
powers we cease to bs free people.
me secretary intimated that this usur-
pliion OF power was necessary to con-
llol the trusts, Before seeking to rob
me states OF their power let the fed
sal government use its own. Let 1t re-
cuee the monstrous tariff which had