The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1907-02-08
Defends RIGHTS
OF IH STATE
SENATOR FRASER SOUNDS SOL
EMN NOTE OF WARNING
Federal Interference With Conduct
Of Schools Concerns Not California
Alone Last Stronghold Of Local
Self Government in Danger.

washington, ~ J.3 RED. S.---Eed-
eral encroachment on state rights,
with the japanese school question
as the principal illustration was the
subject of an address to the senate
yesterday by Senator Frasier Of Ten
nessee.
Mr.. Frasier said that this was not
a question that concerned Ca1iforn-
ia, but concerned the rights ofathei
state to control its own state affairs.
If the federal government by treaty
could rob state of the right to-
control its own school system, the
last stronghold of local self govern
ment was destroyed. If a treaty
could force aliens into the white.
schools of California, like treaty
could force the negroes Of Cuba, San
to Domingo, Hayti and the Congo
into the schools Of Tennessee In de-
fance of the laws for the separation
Of the races. He expressed the high
est admiration for the japanese, but
said the action of California furn-S
ished no pretext for q quarrel with
that country. The; School board Of
San Francisco had simply executed a
state law providing for the educa-
tion of white and Japanese children
in separate schools. 1t had been de
c1ared over and over again that the
states have perfect right to make
such separation. that the state OF
California was but exercising Its
constitutional power.
No Right TO Enter Schools
He denied with emphasis that this.
government had ever undertaken by
treaty to interfere with the consti-
| tutional rights Of California in this
respect. Quoting the language OF
the treaty, he said:
II challenge anyone to find in it
a word guaranteeing to japanese
residents 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
icannot compel a state to create pub
lie schools at all. The schools were
creatures OF state law, maintained
by state taxation and subject only to
state control. The righ Of residence
guaranteed to the Japanese implied
the right to work and make liv-
ling, but not TO go to school. But
even if the right Of residence did
carry with it the right to enter the
public schools, he added 1t did not
carry an exemption from the right Of
separation in the schools. The trea-
Ity with Japan provided that the
Japanese must conform themselves
Ito the laws, police and regulations
lof the country like native citizens, !"
Can 1t be contended that Japanese
aliens have acquired higher privil-
Ieges than they would have as citi-
zens Of the United states7
Follow Eza,nple u Blaine
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 citizens, but when the Ital-
Ian government u complained, Mr..
Blaine Informed It that Italian citi-
zenszens had no higher rights than
American citizens and that the right
to punish for murder was the ex-
cJusiye right Of the states where the
crime vas committed. Mr.. Frasies
Ieaid ~ ala not believe We should
reach fhs point where vs must apol
|ogize ~ our consti ION 81 change
IL charact4 ~ eonStrnction 1T the
dictatic icn N y foreis 81 poWer. 81