The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1907-02-05

his position fully and frankly on the
Jim Crow proposition.
Mr.. Hages was one Of the last del
egates to be convinced that there is
real danger of the President rejecting
the constitution if the Jim Crow law
is put in it. He made strong arg
ument on the eonstitutionality Of the
measure, but it Is discovered that
while the Supreme court decision up
held the Jim Grow law where no dis
elimination between the races is
made, the enabling act uses the term
distinction" Mr. Hayes holds that
these terms are identical but he sees
a Ioophole whereby the President, if
he chose, might reject the constitution
if he held that the Jim Crew made a
distinction" between the races; and
Mr.. Hayes holds that it is the part Of
wisdom to take no chances in defeat
ing statehood, but to heed the advice
that is given the democratic leaders
in Washington who know how the
President stands on the proposition.
However, Mr. Hayes is willing to
yield hig judgement if the people
stand by their position as taken in
the platform on which he was elected
and are willing to take the chances Of
ieopardizing statehood He will vote
for the measure if he receives no fur
ther instructions from the people on
the subject.
There is no question whatever as to
the desire Of the people for separate
coach law. Both democrats and rep
ublicans in this district demanded it.
But if there is convincing evidence
that such a provision in the constitu-
ton viii endanger statehood, there isl
probably no one, democrat or repub-
lican, who would insist upon it Is
there such evidence?
AS Mr.. Hayes po1 out there is
the legal loophole in the use Of the
terms discrimination" and "distinc-
ton" which would afford the Presi-
ident a pretext for rejecting the con-
stitution. Would he do it? In an
swer to this question the best evidence
we have is the opinion Of those who
have talked directly with the Presi-
dent on tn subject, notably Senator
James X. Jones and Col Robert Ow-
en-. The information comes from
many democratic leaders who have
consulted the President and know his
views. 1t would be hazardous to dis
regard the advice Of such men.
Further light is shed on the subject
when we consider the political mot
ives that might enter into the reject
ion Of the proposed measure BY the
President. II is well known chat the
President is engaged in the war Of his
life with Foraker Of Ohio, Foraker
seeking to make political capital out
out Of the Brownsville affair to
give Roosevelt a black eye and head
off the Presidents plan to boost Taft
into the White House By rejecting
the Jim Crow proposition the Pres
ident could turn the tables on Forak-
er and regain his prestige with the
negro voters who hold the balance Of
power in Ohio and some adjoining
states. 1t would be legitimate pol
itical game for the President to play
if he was convinced that he had legal
authority for 20 doing
Consider further the effect upon
Oklahoma politics. With constitu-
tion framed by them turned down
and the people suffering the loss Of
their dearest boon, the democrats
would be put in the nine hole" to an
extent that would make their loss
almost irreparable The next conven-
tion would be an overwhelmingly rep
ublican one and the G. 0. P. would
have easy sailing in Oklahoma.
with j President who has assumed
TN functions Of executive, congress
and supreme court, who has introduc-
ed the esstom Of government BY ex-