The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-02-01
decisions OF
THE President
U,osevelt Alleged to Believe
That He Is the Alpha and
omega of Government.
CINE SARCASM OF RAYNER
,zusw OF RECENT EXECUTIVE
UsURPATloN.

,ot osteem Senator Rayner or Mary
- ,osav addressed the senate in crit
-o,iev Of what he termed the pres
i sel ,,g,Irnation Of governmental tuuc-
iqenl ot conferred on him by the con-
stitutioh 5 % tbc recent sneech
iie ~ -, Root in which was described
.-edual enlargement or iederai pow
.nc tSe exuenge of the states. L re-
- ,Sis doctrine" said DIR: Rayner as
80 most dangerous and lnsldlOus attack
nios' ,,stif1tions of the country
OF ~ ~. s,id that because these doctrines
..-,,sf he taken. as they were lnlended
A'sa' ,.i.e1 as manifesting the purpose
10 oe 'ah characterization TO carry this new
'l W "a constitutional construction IN
~ - .,,,io, vbenever the opportunity or
, 20 NAV arise for it's exercise"
RoOsevelt's Delusion.
roso~o reviewing the specific actions OF
,he nyesident which met mis- criticism. Mr.
i ssrbo resident IS laboring under the
honest impression that ne IS responsive
- the country for the legislation of con-
W. first instance Of conflict. between
,ro executive and legislative functions,
Sir. R3yner said, was IN Ile oah.o DO
rli1po affair. I'm which. he said, the
nresi5ent las evidently made his own
Without discussing whether the treaty
Is right he said.
,onpiishcd this in violation of the con-
sliuton. The treaty has been practical
Iv carried into effect without consulting
the senate $50
e,nlovcd for The collection OF debts from
nny Central or South American repub-
interference With Judiciary.
Mr.. Rsyner turned his attention to the
suJiciary announcing his belief that IL
ought 10 be free from executive lnte.ter-
ence "It is therefore my Judgment, he
added chat the criticism by the pres
dcnt Of Judge Humphrey. with reference
Ia his decision IN the case known as
the meat packers case in the llthols
courts. was an invasion OF judicial PRE-
negatives"
Senator Rayner then pronounced his
dsappr0val O. the president for his III
trusion upon the states. taking for ex-
ample the note Of the president to Gov
ernur Guild OF Massachusetts, in which
the course Of the governor was COM
mended IN refusing to interfere in the
carrying out Of the death sentence against
Charles l. Tucker.
5Htting IN Propensity.
Il never knew a communication OF this
sort % be sent by the president 10 the
governor Of state since the founda-
tou Of the republic" said Mr.. Rayner-
and deeply regret and deplOre the Oc-
ourrence. il would have been extremely
good taste for Governor Guild TO nave
respectfully remitted this telegram 70 the
president with a caution that he did no
request the presidents opinion In tn
case nor the sanction OF his high station
Ia the carrying out of the execution.
While admitting that no technical VIC
lation OF any provision Of the constitu
lion was involved. Mr.. Rayner contende'
that "a was a practical announcement
that the acts OF state officers were SUP
loct 10 the approval or diSpieaSufe OF lh'
federal government
Case of the Rate Bill.
The turbulent times in the senate at
tcndant on the passage OF the railroad
rate bill were next alluded to by Mr.
Rayner "The president came into tn
game early he began. and then added
We realize that no fight IS thoroughl,
equipped upon this floor unless the pres
ident Is In 10. He longs for n tght a.
the hart panteth after the water brooks
~ was match 10 the finish betweei
the senior senator from Rhode ISLAND
(Aldrich) and the president
The most wonderful exhibition of tn
presidents power In congress Mr.. Ray
ner believed 20 have been at the time o
legslating for the sea level canal. AIT
or describing this fight he remarked:
1t shows how the dominating. splrt
OF the president can ride the whirlwin'
when he has made up his mind 20 iegis
late. and how in absolute defiance Of tn
laws Of nature he can produce sen I
torial vacuum beneath the sweep Of hi
mighty genius.
injustice to SehIey.
The Schley case was the next topic re
viewed by Mr.. Rayner. particularly Wit
reference TO the presidents action in tn
matter. lie predicted that the Schle
case would yet be re-opened. just as
similar case had recently been in anothe
land Admiral Schley shah be heard.
ne announced. living or dead. hav
never known an injustice of this sort {
pave been done that the occasion did no
arise 10 redress il "
The result OF the presidents construc
ION OF his perogatives. Mr.. Rayner saio
laq raised new school OF scribes WI
Aau commenced to edit a revised ed
uoil et the constitution called the I'm
written constitution" The president is IN
prophet Of this new creed But" he add
~ one thing he has no right 20 DC
and that is to use the vast public pat
Ionage az his disposal to compel obed
slee 70 his Views. Another thing he Ia
.o fght to do, and that is to make com
lec1s with the speaker OF the house, c
representatives. or its committees TO &C
"plsn or prevent legislation.
No Right to Dictate.
ne has no right either. beyond hi
AZ 's sIs s IN which he is given the rigf
,e. ume 10 suggest any measure h
fsro ueeH proper or necessary. to inter
e,,t Win legislation and TO force congress
A. ~ 20 adopt his recommendations. o.
b~.aeA rejects them. 10 bring about
- es between the legislative and excel
he ,uspdrtments that is detrimental I
coo.,tss. interests Of the country. The
fe- ,s,.'utes an assumption of dictatoris
VIII which the people Of this repubii
Rarrsoo' submit to-" In concluding. NJ
vo,,9 9eneye that II the Democratic part
Ee~r"s axe ~ as it's battle cry the n
vioistd rights Of the states and the IN
lerisis., institutional distinction Of Il
dens-,slle' the judicial and the executfN
fhe s,'I,en's. that we could rally aroun
Our oSsrlne the intelligent SURFACES Z
Lodge to the Rescue.
Rayner lodge. replying briefly to Nj
idcrf declared that nothing the nre,
wards 81, eer said had gone so Ear Z,
ent r,,,eroseung revolution Of our pres
9Fyaffs 0dd,inllental system as had M
in ,ss1i9 Of railroads.
said ~ 70 Mr. Lodge Senator Gonna
the oDinso.", n me Mr. Bryan had expresss
Should IAN ,nat II government reguIstic
10 cone -, government ownership ougl
Henca ule president had also said ~
Substantial concluded that there was I
tdent AMI difference between the pre
- bryan on that subject