The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-02-09

Cno SUBJECT OF all audfeSS 10 tue Seu-
ate today by Senator Frazier of
Tennessee.
Mr. Frazier said this was not ques-
ton that concerned California, but
concerned the rights of the state to
control its own state affairs. If the
federal government by treaty could
rob a state of the fight to control its
own school system. the last strong
hold of local self government was de-
stroyed. If treaty could force Mon
golians into the white schools of Cali
fornia, like treaty could force the
negroes of Cuba, San Domingo, Hayti
and the Congo into the schools of
Tennessee in defiance of the laws for
the separation of the races. He en-
pressed the highest admiration for the
japanese, but said the action of Cali
fornia furnished no preteXt for a
quarrel with that country The school
board of San Francisco had simply
executed state law providing for
the education of white and japanese
children in separate schools. 1t had
been declared over and over again
that states have a perfect right to
make such separation, that the state
of California was but exercising its
constitutional and legal power.
He denied with emphasis that this
government had ever undertaken by
treaty to interfere with the constitu-
tional rights of California in this re-
spect. Quoting the language of the
treaty, he said:
II challenge anyone to find in it a
word guaranteeing to Japanese resi-
dents the right to enter public schools
of the states at all, much less to enter
them in defiance of state laws and
regulations"
The United States government can
not compel a state to create public
schools at all. The schools were
creatures of state law, maintained by
state taxation and subject only to
state control. The right of residence
guaranteed to the Japanese implied
the right to work and make a living,
but not to go to school. But even if
the right of residence did carry with
it the right to enter public schools, he
added, it did not carry an exemption
from the right of separation in the
schools. The treaty with Japan pro-
vided that the Japanese must con-
form themselves to the laws, police
and regulations of the country like
active citizens" Can it be contended
that Japanese aliens have acquired
higher privileges than they would
have as citizens of the United States.
He contended that the president
ought to have followed the example
of Mr.. Blaine in the case of the lynch
ing of Italian citizens in New Orleans.
There was treaty with Italy which
guaranteed protection to Italian citi-
zens, but when the Italian govern
ment complained Mr.. Blaine informed
it that Italian citizens had no
higher rights than American citizens
and that the right to punish for MUIR
der was the exclusive province of the
state where the crime was committed
Mr.. Frazier said he did not believe
we should reach the point where we
must apologize for our constitution
Or change it's character by construc-
ton at the dictation of foreign
power.
Our trouble with Japan, he said, had
its origin in our colonial policy, which
had inspired fear in the nation of
the east that we were attempting to
dominate the policies and commerce
of the Orient.
Mr.. Frazier dwelled at length on
the recent speech of Secretary Root,
which he declared to be threat to
wipe out state lines and absorb all
powers Of the state into the federal
government. He declared the presi-
dents statement that Mr.. Root was
the chief exposition of the policies of
his administration. Mr.. Root had
boldly declared that if the states did
not exercise their powers as they
ought to do, they would be taken from
them by executive and judicial con-
struction. The federal executive, he
said was to establish a censorship to
decide whether or not the states were
properly exercising their powers and
II in its judgment they were not the
rights were to be taken away.
"When," he said, "the states are de-
prived of the right to Judge whether
and how far they shall exercise their
powers we cease to be free people.
The secretary intimated that this
usurpation of power was necessary to
control the trusts. Before seeking to
rob the state of their power, let the
federal government use it's own. Let