Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-02-08
SOUNDS s <,1|E' 5
RI,..,dS ALARM
Senator Frazier, OF Tennessee,
Sees Danger in Presidents
japanese Order
FEAR NEGROES WILL GAIN
Says the President by Treaty is un-
dertakine to Interfere With the Con-
stitutional Rights Of California =
No Need to Apologize for the Con.
stitution-M.ny Pension Bills Passed

Washington, Feb. S.-Federal en-
croachment on state rights, with the
Japanese school question as the prin-
cipal illustration, was the subject OIL
an address to the senate today by Sen
ator Frazier, of Tennessee.
Mr. Frazier said that this was not
question that concerned California
but concerned the right of every state
/ to control its domestic affairs. the
! federal government by treaty could rob
n state Of the right to control its own
school system, the last stronghold OF
local self government was destroyed.
II a treaty could force Mongolians into
the white schools Of California, like
treaty could force the negroes Of Cuba,
Santo Domingo, Hayti and the Congo
into the schools of Tennessee In de-
fiance of the laws for the separation
of the races. He expressed the highest
admiration for the Japanese, but said
that the action Of California furnished
no pretext for quarrel with that coun-
try. The school board Of San Francis
co had simply executed state law
providing for the education OF white
and Japanese children In separate
schools. 1t had been decided over and
over again that states had perfect
right to make such separations; that
the state of California was but exer.
cising it's legal and constitutional
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: Il challenge anyone
to And in it a word guaranteeing to
Japanese residents the right to enter
public schools Of the state at all, mucn
less to enter them in defiance of state
| laws and regulations.
! The United States government can
not compel state to create public
| schools at ALL The schools were crea-
lures of state law, maintained by state
| taxation and subject only to state con-
| troll. The right of residence guaran-
teed to the japanese implied the right
to work and make a living, but not to
go to school. But even IL the right OF
residence did carry with it the right
| to enter public schools, he added 1t did
not carry any exemption from the right
| of separation in the schools The
treaty with Japan provided that the
Japanese must conform themselves to
the laws, police, and regulations of the
country like native 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 lynching
of Italian citizens in New Orleans.
There was treaty with Italy which
guaranteed protection to Italian citi-
complained, Mr.. Blaine informed it
that Italian citizens had no higher
rights than American citizens, and that
the right to punish for murder was
the exclusive province of the states
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 its character by construction
at the dictation of a foreign power.
| Our trouble with Japan, he said, had
| its 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 dwelt at length on the
recent speech Of Secretary Root, which
he declared to be a threat to wipe out
| state lines and absorb all powers of the
states into the federal government. He
quoted the presidents statement that
Mr.. Root was the chief expositor Of the
policies of his administration. Mr..
Root had boldly declared that If the
states did not exercise their powers as