A
VOL. XLVI.-NO. 14,467.
PORTLAND, OREGON, SATURDAY. APRIL 20, .1907-
PRICE FIVE CENTS.
REAL QUESTIONS
IT
Root SaysTreaty Power
Is Supreme.
STATE RIGHTS NOT INVOLVED
Secretary Explains Issue at
San Francisco.
NEVER ANY DANGER OF WAR
International Law Association Hears
Learned Discourse on Power of
Nation to Grant Equal
Rights . to All Aliens.
ABO
JAPANESE
"WASHINGTON, April 19. That there
was never at any time any danger of
war between the United States and Japan,
r row I up out of the recent controversy
regarding the segregation of the Jap
. aneae school children in the public
schools In San Francisco, was made clear
by Secretary Root In an address on the
"Real Question Under the Japanese
Treaty and the San Francisco School
Board Resolutions" at the first annual
meeting of the American Society of ln
Krnatkmal Law here today. The ques
tion of state ' rights, Mr. Root declared,
was not Involved. Much of the afternoon
session was devoted to a discussion of the
Drago doctrine.
The delegates were entertained at din
ner last night by Charles Henry Butler.
One hundred guests, prominent in Wash
ington official, diplomatic and social life,
were present to meet the visiting lawyers.
The opening session today was well at
tended. Secretary Root, who was tho
first speaker, begun with a revlow of the
constitutional, legal and treaty provisions
involved. He then quoted the resolution
of the San Francisco Board of Education
requiring all Chinese. Japanese and Co
rean children to attend the Oriental
school and then said:
Discrimination Among Aliens.,
The school 'system' thus provided' school
privileges for alt resident children, whether
citizen or alien; all resident children were
Included in the basis for estimating the
amount to be raised by taxation for school
purpose, the fund (or the support ot the
school was raised by general taxation upon
a 1 1 propert y of resilient aliens as well as
of citizens; and all resident children,
whether of aliens or of citizens, were liable
tn be compelled to attend the' schools. Bo
that, under tho resolution of the Board of
, Kducatlon the children of resident aliens
of nil other nationalities were freely ad
mitted to the schools of the city In the
neighborhood of their homes, while the chil
dren of Indians, Chinese and Japanese were
excluded from those schools, and were not
only deprived of education unless they con
rntd to (to to the special Oriental school
0 on flay street, but wre liable to be forc
ibly compelled to go to that particular
school.
After the passage of this resolution, ad
mission to the ordinary primary schools of
Fan Francisco was denied to Japanese chil
dren, and thereupon the government of Ja
pan made representations to the Govern
ment of the United States that Inasmuch as
the children of residents who were citizens
of all other foreign countries were freely
admitted to the schools, the citizens of
Japan residing In the United States were,
by that exclusion, denied the same privi
leges, liberties and rights relating to the
right of residence which were accorded to
the citizens or subjects of the most-favored
natlrn.
Do Treaties Control States?
After referring to the settlement of the
questions, Mr. Root said:
It ts obvious that three distinct questions
were raised by the claim originating with
Japan and presented by our National Gov
ernment to the courts In San Francisco. The
first and second were merely questions of
construction of the treaty. These questions
of construction are by no means free from
doubt, but they concern only the meaning
of a particular clause in a particular
treaty.
The other question was whether, if the
treaty had tht meaning- which the govern
inent of Japan ascribed to It, the Govern
ment of the I'nited States had the const!
tutlonal power to make such a treaty
agreement with a foreign nation which
should be superior to and controlling upon
the laws of the State of California. A cor
rect understanding ot that question Is of
the utmost importance not merely aa re
gards the State of California, but as re
cards all stales and all citizens of the
Union.
There was a very general misapprehen
sion of what this treaty really undertook
to do. It was assumed that In making and
asserting the validity of the treaty of 1S94
the United 8tate was asserting the right
to compel the State of California to admit
Japanese children to Its schools. No such
question was Involved. That treaty did not.
by any possible construction, assart the
authority of the United States to compel
any state to maintain public schools, or to
extend the privileges of Us public schools
to Japanese children or to the children of
any alien residents. The treaty did assert
the right of the United States, by treaty,
to assure to the citizens ot a foreign na
tlon residing In American territory equal
ity of treatment with the citizens of other
foreign nations, so that. If . any state
chooses to extend privileges to alien resi
dents as well as to citizen residents, the
state will be forbidden by the obligation of
the treaty to discriminate against tha resi
dent citizens of the particular country with
which the treaty is made, and will be for
bidden to deny to them the privileges which
it grants to tha citizens of other foreign
countries. The effect of such a treaty. In
respect of education. Is not positive and
compulsory; It Is negative and prohibitory.
It Is not a requirement that the stats shall
furnish education; It la a prohibition against
discrimination when the state does choose
to furnish education. It leaves every state
free to have public schools or not, as It
chooses, but It says to every stats: "If
you provide a, system of education which
includes alien children, you must not ex
clude these particular alien children.
It has been widely asserted or assumed
that this treaty provision and Its enforce
ment involved some question of state s
rights. There was and Is no question of
state's rights involved, unless it be the
question which was settled by the adoption
of the Constitution.
The people of the United States, by the
Constitution of .1787, vested the whole treaty
making power In the National Government.
Distribution of Power."
Legislative nower is distributed; upon
some subjects the National "Legislature has
authority ; upon other subjects the State
Legislature has authority. Judicial power is
distributed ; in some cases the Federal
courts have jurisdiction; In other cases the
state courts have jurisdiction. Executive
power is distributed; in some fields the Na
tional executive is to act; in other fields the
state executive is to act. The treaty-making
power is not distributed; It Is all-vested In
the National Government; no part of it ts
vested In or reserved to the states. In In
ternational affairs there are no states; there
is but one Nation, acting In direct relation
to and representation of every citizen in
every state. Every treaty made under the
authority of the United states is made by
the National Government, as the direct and
sole representative ot every citizen of the
United States residing In California equally
with every, citizen of the united states re
siding elsewhere. -
Power to Make Treaties.
Reciprocal agreements between nations
regarding the treatment which the citizens
of each nation shall receive In the territory
of the other nation are among the most familiar,-ordinary
and unquestioned exercises
Henry Ach, Attorney for Abe Ruef,
Whose Illness Delays Trial.
of the treaty-making power. To secure tho
citizens of one's country against discrimina
tory laws and discriminatory administration
in the foreign countries where they may
travel or trade or reside is, and always has
been, one- of the chief objects of treaty
making, and such provisions always have
been reciprocal. ' .
During the entire history of the United
States provisions of this description have
been Included in our treaties of friendship,
commerce and navigation with practically
all the other nations of the world. Such pro
visions hud been Jrom time immemorial the
subject of treaty agreements among the na
tions of Europe before American independ
ence; and the power to make such provisions
was exercised without question by the Con
tlnental Congress in the treaties which it
made prior to the adoption of our Constitu
tion, f
It is not open to doubt that when the del
egates of the 13 states conferred the power
to make treaties upon the new- National
Government in the broadest possible terms
and without any words of limitation, the
subjects about which they themselves had
been making the treaties then in force were
Included In the power.
Treaties Annul State Laws.
It has been settled for more than a cen
tury that the fact that a treaty provision
would Interfere with or annul the laws of
a state as to the aliens concerning whom
the provision Is made, is no impeachment of
the treaty's authority.
The very words of the Constitution, that
the Judges in every state shall be bound by
a treaty "anything In the constitution or
laws of any state to the contrary notwith
standing," necessarily-imply an expectation
that some treaties will be made in contra
vention of laws of -the states. Far from
the treaty-making - power-, being limited by
state laws. It's scope Is entirely independent
of those laws: and whenever it deals with
the same subject, if Inconsistent with the
law, it annuls the law. This is true as to
any laws of the states, whether the legisla
tive authority under which they are passed
is concurrent witn that or congress, or ex
elusive of that of Congress.
There can be no limitation on the power
of the people of the United States. By their
authority. the state constitutions were
made, and by their authority the Const!
tutlon of the United States was estab
llshsd; and they had the power to change
or abolish the state constitutions,- or - to
make them yield to the General Government
and to treaties made by their authority. A
treaty cannot be the supreme law. of the
land that Is, of all the United States if
any act of a state Legislature can stand in
its way.
A long line of cases has followed in the
Supreme Court applying the provisions ot
various treaties and maintaining without
exception the unvarying rule that the state
statute falls before the treaty.
It equally appears from these cases that
the treaty provisions which were sustained
by the Supreme Court and the state law
which were declared void, so far as they
conflicted with a treaty, related to matters
regarding which Congress had no power to
legislate, but upon which. In the distribu
tion of legislative powers under the Consti
tution, the states, and the states alone,
had power to legislate.
nights of Aliens in Republic.
Sines the rights, privileges and immuni
ties, both of person and property, to be ac
corded to foreigners in our country and to
our citlsens in foreign countries are a
proper subject of treaty provision and with
in the limits of the treaty-making power,
and since such rights, privileges and im
munities may be given by treaty in con
travention of the laws of any state, it fol
lows of necessity that the treaty-making
power alone has authority to determine
what those rights, privileges and Immuni
ties shall be. No stata can set up its laws
as against the grant of any particular right,
privilege or Immunity any more- than
against the grant of any other right, priv
ilege or immunity. No state can say a
treaty ma grant to alien- residents equality
of treatment as to property but not as to
educatios or as to the exercise , of religion
and as to burial but not as to education, or
as to education but not as to property or re.
liglon. That would be substituting the mre
will of the state for the judgment of the
President and Senate in exercising a power
committed to them and prohibited to the
states by the Constitution.
There was, therefore, no real question of
power arising under this Japanese treaty
and no question ot state rights.
There were, however, questions of policy,
questions of National interest and of state
interests, arising under the administration
of the treaty and regarding the application
of its provisions to the conditions existing
on the Pacific Coast,
Talk of War Was toIish.
There mas one great and serious question
underlying the whole subject which made
all questions of construction and of scope
and of effect of the treaty itself all ques
tions as to whether the claims of Japan
were well founded or npt; all questions as to
whether the resolution of the School Board
was val Id or not seem temporary and
comparatively unimportant. It was not a
question of war with Japan. All the foolish
talk about war was purely sensational and
j I
.(Concluded on Page 2.)
ARGUMENT
BEGUN
CASE
Adkins Dilates on Great
Letter Writer.
GOVERNMENT PROVIDED BOOKS
Proof Official ; Letters Were
. Copied With ' Private.
RAKEOFF FROM ROBERTSON
Hermann Liable to Imprisonment
for Receiving Clerk's Salary.
Where He Got HimselfProof
of Agreement With Mays.
OKEGOS-IAX NEWS BUREAU", Wash
ington, April 19. The argument ot the
Hermann caee will occupy more time
than was first supposed and it Is now
doubtful if the caee can go to the Jury
before next Wednesday. Assistant Dis
trict Attorney Adkins began the opening
argument for the prosecution today, but
had not covered more than half the
ground when court adjourned this eve
ning. He will resume on Monday.
In opening his argument Mr. Adkins
admitted that it had. been the custom of
other Land Commissioners to heep "pri
vate" letter-books, but Binger Hermann
during his regime outstripped all his
predecessors as a letter-writer and
changed the rule for handling Incoming
mail In the office so that every letter
from Oregon was diverted to the Commis
sioner's office, answered by him and the
answers 'copied into the books which he
Is charged with destroying. .
Government Paid for Books.
Hermann's books were not the per-'
sonal property'Of the man' who happened
to .occupy the office. He never paid one
cent for them, but they came to him
from the etationtry -department and con
tained not only the letters written by the
defendant as a private individual,- but
also those written as Commissioner of the
General Land Office.
"Was he paid (5000 per annum for con
ducting hiB private correspondence and
for supervising the store of his son.
Schiller?" the Assistant United States
Attorney continued. "It is shown that
many letters were written by Hermann
to members of his family, but three men
who -acted as hta secretary at various
times have testified that the outgoing
mall reached an average of 30 to 30 let
ters a day, and can you be expected to
believe all ; of this- immense, correspond
ence was purely personal?"
Letters Produced Are Official.
Mr.. Adkins also referred to the liberal
use of "franked" envelopes by defendant
as indicating the official character of tho
contents of a great majority of the let
ters written. A number of letters intro
duced in the case as . Government ex
hibits were read in the course of the ar
gument. Some constituted separate
chains ot- correspondence, that is, the
original letter and the answer made by
Hermann.
"These originals were considered offi
cial,". Mr. Adkins said, "because we find
them filed in the General Land Office.
HERMANN
THE DEVASTATED RESIDENCE DISTRICT .OF AN FRANCISCO, LOOKING TOWARD THE
- THE ANNIVERSARY BANQUET WAS HELD
-1
AT THE KAlRMOrVr HOTEL, IX THE BACKGROUND, OVERLOOKING THE CITY AND THE BAY OF SAN FRANCISCO, THE MERCHANTS" ASSOCIATION
HELD THEIR BIO BANUIKT THURSDAY NIGHT TO COMMEMORATE THE EVENTS OF THE BIO FIKE. A I J. THE BUILDINGS WERE SWEPT AWAY UP TO
AND BEYOND THE HOTEL. THObE SEEN IN THE PICTUKE HAVE BEEN ERECTED WITHIX THE YEAR.
Are we to believe,' then, that the letters
received by Commissioner Hermann were
official and the answers he wrote were
purely personal?" f
. ..1 Official Letters in the Books. '
. Taking up the question of what knowl
edge Hermann had that the personal"
letter-books were used for Teference, Mr.
Adkins referred to tho testimony of Pri
vate Secretary . Beger .and declared . that
Mr. Reger said he frequently asked Her
mann whether certain clerks might look
into the books,
"Again, why did Hermann put upon
so many packets of papers which went
down Into tue files of the Land Office
with 'the indorsement, 'answered by B.
H-, Commissioner?"' queried Mr. Ad
kins. ' "Was not that In fact a record
Congressman John Jacob 'Each, One
of the Leading Candidates for Sen
ator From Wisconsin.
by. which it was intended that any
letter: desired might be traced to the
Commissioner's 'personal' book?"
The Assistant United States Attorney
referred sarcastically to the system
followed by the defendant In having a
large number of retetives employed in
the land service and said Hermann's
brother was made Forest Supervisor
on condition that 'part 'of the salary
of the office was to go to discharge a
debt to the defendant.
. Graft on. Robertson a Crime.
It was- also- declared that Hermann's
admission that Harry Rob'ertsdrt, ' the-
session clerk, paid to him a portion xx
the monthly salary of tlucr of flee ' was
an admission of a violation- -of- section
1781 of the revised statutes, and. that
indictment and conviction on such
charge would have - meant Imprison
ment in the penitentiary and perpetual
disbarment from "holding office Under
the Government at the very time he
was accepting the appointment to the
commissionership of General Land
Office. ,
Speaking of the question whether
the defendant knew that letters written
at his dictation were being copied into
the "personal" books, Mr. Adkins
quoted from Hermann's testimony
where the statement -was made that he
thought every letter -written on the
blue . letter-heads of his private office,
if copied at all, were copied into the
"personal" -books.
"There alone Hermann forgot him
self and told the truth." Mr. . Adkins
declared, "because there his testimony
agrees with other witnesses.
Mr. Adkins was discussing the tip
Hermann sent Mays at the time court
adjourned.. He- pointed out parts of
the testimony that snowed Hermann
hail previously had . understandings
witii Jones and others in regard to the
Blue Mountain - reserve and demon
strated that Hermann's telegram to
Mays 'gave the conspirators three days
to make filings hefore the .withdrawal
became effective. He declared that
Hermann had utterly failed to explain
the , reason for sending the telegram
to Mays and attributed his confusion
to the fact that Hermann believed the
telegram, itself had been destroyed and
was beyond the reach, of the prosecut
ing officers. ...
'-SWic'Btijir
i li r iiwmi IT ' li 1 1
BRYAN GIVES UP
OWNERSHIP FAD
Favors State Control
of Railroads. :
PLATFORM HE WOULD BUILD
Campaign Funds and Usurpa
tion Main Planks.'
STRONG ON TARIFF REFORM
Will Substitute Colonial Reform for
Anti-Imperialism and Ignore Free
Silver Will Throw Out Xo .
Bait to the Populists. ;
. OMAHA, Neb., April 19. (Special.) As
at present planned, there will be no ad
vocacy of the Government ownership of
railroads In the next National Democratic
platform, if William J. Bryan and his fol
lowers control the convention. Free silver
probably will not be mentioned. The anti
Imperialism which has characterized the
last two National platforms will give
place to a plea for reform In colonial
policy.
James C. Dahlman, Democratic National
committeeman from Nebraska, who has
recently been In close consultation with
his chief . over the plans and policies of
the forthcoming campaign, today made
public an outline of the Bryan platform
as at present drafted. According to Mr.
Dahlman, the planks . on . which Mr.
Bryan chiefly relies for Democratic vic
tory are one defining the necessity for
the proper use of contributions from all
sources to- be used in the campaign and
another denouncing usurpation of power
by, the President, in both of which re
spects,, it would be asserted. President
Roosevelt has overstepped true ' Demo
cratic principles.
Tariff Reform Strong Feature.
Tariff' reform will also be made-, a
strong feature of the platform. The plank
will be so worded as to indicate a rea
sonable conservatism on tariff reduction.
It ts believed by the Bryan leaders that
many Republican voters can be drawn
to the Democratic ticket by a declaration
for a moderate reduction in many tariff
schedules.
The trend of events, especially in Cuba,
will govern to a large extent the language
of the plank covering colonial policy.- Tt
Is Mr. Bryan's idea not to antagonize the
settled feeling of the people In this mat
ter. The slogan .will be reform rather
than the absolute dls-establlshment of
the system already adopted.
State Control of Railroads.
"Many , Democratic State conventions,
particularly Nebraska, have placed the
party -on record as favoring Government
ownership of - railroads and telegraphs.
While it is not stated In so many words.
It is given out that Mr. Bryan will not
ask the National Convention to Insert
such a plank. In fact. It is .plainly told
that it will be omitted. A definition of
where the party stands on the railroad
question will be given, but this will be
more in the way of relegating the rail
roads to state control.
Mr. Bryan believes in states rights and
A ' : ' ....... :
4, f
It is stated that he would not centralize
the regulation of railroads in the General
Go'vernment. His ground for this is that
the conditions vary in different states and
that no body of Federal officers, no mat
ter how unprejudiced they may be, are
capable of seeing and understanding the
requirements of different sections. Tha
advantage of state regulation is expected
to be worked out in . Nebraska, where
many drastic laws have been passed gov
erning common carriers. The leaderg be
lieve that in Nebraska and other states,
where similar laws have been enacted,
will be proven the success of state regula
tion. ...
Free Silver Dead and Burled.
. Free silver is dead and Mr. Bryan will
admit' It by 'accepting a platform from
which its mention will be eradicated. The
monetary ' question is' considered settled.
Government economies " will receive the
usual attention and a halt will be de
manded In naval extensions. It will bo
declared that tha various sums being
spent on armament may be better em
ployed in irrigating the plains of . the
West. ,
Development of river navigation is to
be indorsed.
Election of Senators by direct vote of
the people, reformation of civil service
' .' i
5?C
Secretary of State Ellhu Root, Who
Spoke on the Japanese Question at
the International Law Convention.
rules and a strong foreign policy will be
strongly proclaimed and pledged.
There will be poor solace in the plat
form for Populists. Indeed, no overtures
of any sort are to be made to them, be
yond a general . invitation directed to all
classes to join forces with the Democratic
party in an effort to enforce the princi
ples proclaimed and demanded in the
Democratic faith. .
JjET government pay cost
Roosevelt Studying New Solution for
Campaign Fund Problem.
CHICAGO, April 19. A dispatch to
the Tribune from Washington says
President Roosevelt is studying a new
departure in politics which, whether
it is carried' out' to any practical re
sult or not, is certain to excite wide
spread , discussion among public, men
the country over. ..
The agitation for publicity of cam
paign expenses and the various laws
in the. different estates for the 'official
primary elections has caused the Pres
ident to question in. his own mind
whether It may not be possible to de
vise a scheme by which the : Govern
ment may assume . the responsibility,
not only for the actual expense of the
election, ' as at present, but for the
legitimate campaign expenses of the
regular nominees.
His idea Is not formulated, he has
no detailed scheme in view, he Is fully
aware of the complexity of the subject,
and he sees in advance the manifold
objections that will be . made to it.
Nevertheless, he believes the Idea
worth consideration, and it is receiv
ing his earnest attention at the pres
ent time.
HOTEL FAIRM0UNT WHERE
, i. A .M: ;.l
My. .
.-A " -
Sir'- A
TWENTY MILLIONS
IT DEATH'S DOOR
Russian Famine Worst
in History.
MUST BE FED TILL HARYEST
People Have Sold All, Them
selves Included.
DISEASE HAS FULL SWING
Dr.' Kennard Sends Authentic Report
to Society of Friends Funds Are
Needed to Save Millions of
People From Starvation.
LONDON, April 13. Writing from
the Russian famine district. Dr. Ken
nard, sent by the Society of Friends to
Investigate conditions, draws an appall
ing picture of the suffering. He says:
"This is the worst famine Russia lias
known. No less than 20,000,000 people
cannot live without aid to see another
harvest, and I may say that this figure
has been approved not only by the
Zemtsvo organization, but ulso by the
government itself. The date of the har
vest will vary with the latitude, and
the famine-stricken region is spread
over such a wide area (five times the
size of France) that more than 10 de
grees of latitude are Involved. This
means that in direct proportion from
south to north the harvest will be from
July 3 to 23 (new style).
Must Be Fed Till July Ends.
"Funds will be- needed to the end of
July to feed all these millions, and then
the harvest will bring relief, but there
are many hundreds of thousands to
whom the harvest will not bring relief,
for they have neither land nor cat
tle. "The few cows in existence are In
such a pitiful condition that they are
useless for milking purposes. The re
sult is that young children are being
forced to eat the coarse bread and in
digestible young cucumbers.
"The people have sold their all, and
in most cases have likewise sold In
advance all that the harvest might
bring them. They have sold themselves
and their work, and from all over tho
(Concluded on Pg 4 )
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum temperature, 05
degrees; minimum. 47.
TODAY'S Fair;' northeasterly winds.
Foreign.
American agent tells horrible extent of
Russian famine. Page 1,
Australian Premier staggers colonial con
ference by frank speech. Page 4.
British Parliament passes Irish land bill.
Page 4.
National
Secretary Root speaks on Japanese school
question. Page 1-
Garfleld takes measures for square deal on
public land. Page 8.
' Politics.
Platform Bryan will offer Democratic Na
tional convention. Page 1-
No chance of election of Senator In Rhode
Island. Page 2.
Domeetlc
Haskin on remarkable women. Pag 3.
Argument for prosecution In Hermann case.
Page 1.
Convict released after 31 years in prison.
Page 2.
Gimbel, disgraced Philadelphia merchant.
attempts suicide. Page 7.
Philippine cities destroyed by earthquake
and fire, page 3.
Miss Tomilnson. leading Christian Scientist,
commits suicide. Page 2.
Jader of Camorra captured In New York.
Page 4.
Two centenarians wtU marry. Page 5.
Charge of fraud In Mutual Life election.
Page 5.
Pacific Coast.
Government sues to recover Barber Lumber
Company's timber land. Page 5.
Federal attorney denies interference in
Borah case. Page 5.
San Francisco police captain tells Heney
whole truth about graft. Page 4.
Justifiable homicide will be defense of Edi
tor McManus. Page 6-
Hood River barbers form trust and put up
prices. Page 6.
Japanese boy wins oratorical contest In Se
attle High School. Page .
s. Commercial and Marine.
Eastern orders for hops are in but at low
prices. Page 17.
New York stock market sluggish. Page 17-
Green-bug reports again send wheat up
page 17-
British bark Zlnlta i long overdue from
Bahai. Page 16.
Portland and Vicinity.
Mrs Rountree says pink domino robber
looks like man who attacked her. Pag
10.
Auditor Devlin accused of blundering In
drafting Madison-street bridge amend
ment. Page 12.
Portland molders may declare general
strike on May 1 unless granted eight
hour day. Page 4.
Portland leads all cities in the United
States In gain In bank clearings. Page 13.
John F. Cordray wants permit to open tem
porary theater on the East Side. Page 12.
Judge Frazer says mother ts not fit to car
tor her children. Page 11.
Burglar robs W. H. Marshall's house of sll-
ver and Jewelry. Page 4.
Commercial advantage of Hawaii do not
appeal to local hardware man. Page IS.
Republican meeting at Montavilla addressed
by various candidates, page 12.
Slow work to seoure complete Federal grand
Jury. Pax 12.