Bisbee daily review., 1907-02-16
soosgvELr,s WANING.

That Theodore Roosevelts popular ity is decidedly upon the wane and
 with it the likelihood of his succeed ing himself in the presidency, is the conclusion expressed by the North American Review in a recent editorial.
 The Review comments upon the probable unconstitutionality of the presidents orders growing out of the Brownsville affair, and continuing, says:
 Andrew Jackson is, so far, the only president who has left the presi- dential office more influential and popular than when he entered it. That Mr. -Roosevelt's career would resem-
 ble Jackson's in this respect seemed
 probable six months ago. but no one
 who listens to the private conversa-
 ton of public men in Washington
 would now pronounce it probable. The
 discussion provoked by the presi-
 dents treatment of the Brownsville
 Incident has caused observers to re- call and review other acts of his
 which have evinced an arbitrary spirit
 and a lax conception of executive
 authority. Where, it is asked, did MT.
 Roosevelt find a constitutional war
 rant for his appointment of the an
 tracite coal strike commission? It is
 true that congress practically ac-
 knowledged the constitutionality of that proceeding by appropriating a sum of money for the payment of the commissioners. Could an appropria- ton for similar purpose be secured today? Another question which is of ten put is: Did not the president vio- late the sixth clause of the first sec ton of the second article of the con stitutiou when he departed on a yoy- age to the Isthmus of Panama, with out recognizing his inability to dis charge during his absence from the country the powers and duties of his office, and without calling upon the vice president to assume his office ad interim?
 Another inquiry which one hears in private conversation, though it has not yet been made in either chamber Of the federal legislature. is: Can Mr. RooseYelt's acceptance of the Nobel prize, which was awarded to him by the Norwegian storthing, be reconcil- ed with the eighth clause of the ninth section of the the first article of the constitution, the clause declaring that no person holding any office of profit or trust under the United States shall, without the consent of congress, ac- cept any present. emolument. office or title of any kind whatever, from any king, prince or foreign state Another query is propoulded: Where did Mir. Roosevelt find constitutional warrant for his threat to use the military force of the United States to secure for Jap anese pupils admission to any of the San Francisco public schools that they might desire to attend7 If there is any power not delegated to the l United States by the constitution nor prohibited hy it to the states. but re- served to the states respectively, or to the people considered as a whole, # certainly is the power to regulate public education.
 The president and his friends con- end, we understand. that the segrega- I ion of Japanese pupils in San Fran cisco under a California law is vto- stion of the treaty between Japan { md the United States, whereby we as { sured to the Mikado's subjects all tse | ,ri vaIeges conceded 10 the most f2EE pred. nation That treaty. they say. [ s made the supreme law Of the land. Z ,y the second section of tke sixth ar icIe of the constitution. and the ! udges in every state are bound there 5. anything in the constitussok or | avs of any state to the contrary not BGt what are the spe- .ific words of the constitution? They ire that All treaties made or which ! ihaa be mace under the authority of t he United States, shall be the su- preme law of the land Where are he limitations of the authority of the United States deGned? In our fed sral constitution itself, and especially | In the tenth amendment. There are many who think that our federal exc cutive has no right so to frame or in- | terpret a treaty as to infringe upon i powers reserved to the several states |
 When the various assumptions Of [ authority to which we have here re ferred are brought together and sur veyed collectively. they are seen to | compose record which even those 1 most ready to recognize the fine traits 1 which Mir Roosevelt possesses car 1 hardly help regarding with some mis giyings and dlsmay. On the whole, the truest and wisest friends of the present chief magistrate must. in their hearts. acknowledge fhat t may