The news & observer., 1905-12-30
SENATE FEARS HIS
GROWING POWER
To Resist the President S
Exercise of 1t.
BACK TO OLD PATHS
Congress Feels That if Should Not
Allow Itself to be 0yerawed. The
President Should Not Inter-
fere in the Affairs of State
Legislatures.
Legislatures.
Especial to Baltimore Sun. }

Washington, Dec. 27.-Senator
Spooner is not alone in deploring
condition of public sentiment which
tolerai es the encroachment of one
branch of government upon another.
The sentiments and the apprehen-
sion on this subject expressed in his
recent speech, are entertained
throughout the Senate. and their in
f1uence is likely to be felt during the
present Congress more than at any
time for a number of years.
The hostility in Congress to-
ward the Administration. which is be-
ing much talked about at this time.
Is not properly the sort of sentiment
which is usually implied in the term
hostility" In both houses of Congress
there are men who are bitterly hos.
tile to Mr.. Roosevelt because of dis
appointments for which he is res
ponsible or on account of alleged in
reference on his part in affairs which
they regard as their own. But all
this is individual. being not unusual
during any administration. and counts
for little. 1t is of less consequence
than the fact that a number of men
in Congress are ready to go to the
White House at any time to take in
structions as to what they shall do
in their representative capacities.
Independence is Growing.
The thing which is of real i'm
portance. frequently described as an
OBSERVATION-DISCLOSURES sentiment. is Il
growing independence in the Senate,
which recognizes and tolerateS opin-
ions different from those held by the
President. Senators who count them-
selves among the friends of the Ad-
ADMINISTRATION and who would resist
being catalogued as anti-Administra-
tion men are among those who do not
feel bound to accept without ques-
tiion everything that Mr.. Roosevelt
does and to do all that he requires
of them. The do not feel that they
should be classified with his enemies
because they may at times doubt
his wisdom, nor do they regard it as
an act of hostility to the Administra-
ton to insist upon the preservation
of the integrity of the Senate and of
Congress. Attempts to extend the
Executive power are disapproVed and
there is promise of more general re-
sistance of the encroachments than
there has been before for several Con-
crosses.
The existence of such conditions as
now appear to be developing between
the President and the Senators would
hai dly have been commented on a
few Congresses ago as an evidence of
two or three Congresses have been
such as to make servility to the will
Of the executive a thing expected of
Senators and members of the House
belonging to the Presidents party.
Now that the Senate is trying to re-
gain it's old prestige the self-asser-
ton essential to this is commented
upon as a display of hostility" to-
ward the President. Persistence In
so regarding it might convert it into
actual hostility, but that is not now
the proper designation of the senti-
ment which promises to become domf-
nant in the Senate, if not in the House
also The disposition now evinced
gives promise of much greater effec-
tiveness than could be expected from
display of mere hostility 1t smacks
more of the Senatorial dignity that
used to be.
Growth of Executive Power.
The Senate has become alert to
the fact that the executive power has
been growing steadily both in the
States and in the national govern
ment during the last few years. at
first stealthily and then more boldly
encroaching upon the legislative au-
thority. For party reasons this has
been tolerated as to Congress until
the example at Washington has given
a certain character of right to execu-
tive dictation in State Legislatures,
and this has again reacted upon ma
tional affairs until public sentiment
has become habituated to such inter-
ference, coming to expect it even to
the extent of the national executive
attempting to influence State affairs
or the national government attempt
ing to exercise powers not granted by
the Constitution.
Every encroachment upon the in
dependent powers of the State weak
ems the character of the aggregation
of State representatives which COM
pose Congress, rendering it more sub
servient to the national executive,
whose influence may be such as to adj
vance or injure the interests at home
of each Senator or Representative.
Men in Congress are becoming
aroused to a realization of the stulti-
fication to them, which results from
*he tendency toward Ncentraiization
1t is to the system that opposition has
been awakened.
President Roosevelt, while a smash
er of political machines, is the very
soul of a system, the tendency of
which is to obliterate the distinction
between the reserved rights of the
States and the granted powers of the
nation, and to concentrate the domi-
mating power of the national govern
ary. which is of executive appoint
ment
FOrgets Right of States
1t is recognized that Mr.. Roosevelt
makes light of the distinction be-
tween what may be done by State Leg
islatures and what may be done by
Congress- and also between the legis
lative power to make laws and the
executive duty to execute the laws
The Senate is disposed to be more
exact in this matter than it has beer
of late. and, while the temper of the
II 1use is not SO clearly defined, tht
disposition toward independence is
stronger than it has been since the
Fiftieth Congress, the present Speaker
himself being jealous of the Congress
sional prerogatives.
The attitude Of Congress is defensive
rather than offensive. There is 'om