Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-08
ONLY STATE AFFAIR
Senator Frazier's Contention
as to Japanese in Schools.
NOT REGULATED BY TREATY
Endorses Position Of Secretary Blaine
in the New Orleans Lynching.
TAKES ISSUE WITH MIR. ROOT
Accuses the President Of Inciting In
surrection Against Colombia and
Causing War.

Federal encroachment on state rights,
with the japanese school question as the
| principal illustration, was the subject OF
an address to the Senate today by Senator
l Frazier of Tennessee.
Mr.. Frazier said that this was not ques-
i ton that concerned California alone, but
| concerned the right of every state to con-
| troll Its domestic affairs. If the federal gov
| eminent by treaty would force Mongolians
| into the white schools of California q like
i treaty could force the~negroes of Cuba,
Santo Domingo, Hayti and the Congo into
| the schools Of Tennessee in defiance of the
laws for the separation of the races. He
/ expressed the highest admiration for the
japanese, but said that the action of Cali
| fornia furnished no pretext for 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 decided over and over again that
states had perfect right to make such
| separation: that the state of California was
! but exercising its legal and constitutional
power.
| He denied with emphasis that this gov
eminent had ever undertaken by treaty to
| interfere with constitutional rights Of Cali
fOrnia in this respect Quoting the lam
guage of the treaty he said: Il challenge
l
| 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"
| Creatures Of State Law.
The United States government could not
| compel state to create public schools at
| all. The schools were creatures OF state
| law. maintained by state taxation and sub
| ject only to state control. The right Of
/ rnoiH OrIor RI ho
| piled the right to work and make living,
| but not to go to school. But even if the
| right of residence did not carry with it the
right to enter public schools, he added, 1t
| did not carry any exemption from the
| rights of separation in the schools. The
| treaty with Japan provided that the Japa-
nese 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 priv
| ileges 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 case of the lynching of Italian citizens
| in New Orleans. There was treaty with
/ Italy which guaranteed protection to 1tal-
ian citizens. but when the Italian govern
ment complained Mr.. Blaine informed 1t
| 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 be-
lieve 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 in
| spired fear in the nations Of the east that
| we were attempting to dominate the politics
| and commerce of the orient.
Secretary Roots Recent Speech.
| Mr.. Frazier dwelt at length on the recent
1 speech of Secretary Root. which he declared
| to be threat to wipe out state lines and
| absorb all powers of the state into the fed
| eral government. He quoted the Presi-
| dents statement that Mr.. Root was the
| chief exposition of the policies of his admin
| istration. Mr.. Root had boldly declared
| that II the states did not exercise their
| powers as they ought to they would be
| taken from them by executive and judicial
| construction. The federal executive. he
| said was to establish censorship to de-
eide whether or not the states were properly
| exercising their powers. and If in its judg-
| ment they were not the rights were to be
| taken away.
when he said. "the states are deprived
| of the right to judge whether and how far
they shall exercise their powers we cease
to be a free people. The Secretary init
| mated that this usurpation of power was
| necessary to control the trusts. Before
seeking to rob the states of their power let
the federal government use it's own. Let 1t
reduce the mOnstrOuS tariff which had built
| up and was protecting the trusts. Let IT
| meet the evil of overcapitalizatlon OF rail-
| roads by determining their real value and
| fixing values accordingly. Let the federal
| government cease granting special priv
ileges to combinations and pass an income
| and inheritance tax to compel wealth to
| contribute it's fair share of taxes" 1t was
| not necessary said Mr.. Frazier. to make
| the rights and powers of states conform to
| a standard set up by the chief executive
| alone.
| rha President Accused
He said the President melted insurrection
| against Colombia and committed acts of
| war without authority of Congress: had
! overridden the treaty-making power and
had threatened to use the military forces of
the United States to override the laws Of
the state He spoke Of the Presidents hav
ing gone forth with pomp and ceremony
followed by an armed fleet trailing at his
heels, after the manner of the German
kaiser to visit his outlying provinces"
| Secretary Root, he said. had involved a
constructive recess and had recently visited
| the capitals of the south to show them the
big stick and tell them to be good and pay
their debts. These were the people who
were crying for more and greater power.
This" he sad should not be made a
| party question, but If the republican party
chose to go to battle upon an issue for the
complete subversion of the rights Of the
states the democratic party, always the
| sue. But the question arises above party:
it goes to the very preservation of our wise
| ly devised system OF dual government under
| which we have 80 marvelously grown and
prospered as people"
Changes in the Navy Department.
The following changes have been made