The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-02-05

1922 'ANII AN ''bA III
Him.
Washington, January Ex-senator
Rayner's address on the expansion Of
executive prerogatives, Senator Lodges
brief reply, and an extended discussion
OF the administration Of the public
land laws by. Senator Hepburn consti-
tuted tOday'S proceedings in the senate.
Disclaiming any intention of ''as-
sailing" President Roosevelt and Do
Tossing for him profound personal
esteem. Senator Rayner addressed the
senate at considerable length in critical
review Of what he termed the Drtsi-
dents ursurpatiOn Of governmental
functions not conferred on him by the
constitution.
He first alluded to the recent speech
OF Secretary Root in which was de-
Scribed the gradual enlargement Of
federal power at the expense of the
states.
Il regard his doctrine, said MI.
Rayner, thus announced, adhered to
and emphasized as a most dangerous
and 1nsidiouS attack on the institutions
OF the country" He said that because
these doctrines were being constantly
illustrated in the administration of the
government they must be taken as
they were intended to be taken, as
manitesting the purpose of the pres
ent administration to carry this ue:y
doctrine OF constitutional construction
into execution whenever the opportuni-
ty Or emergency may arise for it's ex-
ercise. The president is laboring I'M
der the honest impression that he Is
responsible to the country for the leg
islation of congress-
The first instance of conflict" be-
tween the executive and the legislative
functions, Mr.. Rayner said was in the
Santo Domingo affair, in which he said
the president has evidently made his
own treaty"
Without discussing whether the
treaty was right, he said, the charge
that l make is that he has accomplish
ed this in violation Of the constitution
The treaty has been practically carried
into effect without consulting the SEN
ate"
Mr.. Rayner turned his attention to
the judiciary, announcing his belief
that this branch of the government
ought to be entirely free from execu-
tive interference. 1T is therefore my
Judgment" he added, that the critic
ism by the president Of Judge Hunph-
rey with reference to his decision n
the case known as the Meat Packers
case in the Illinois court, was uncalled
for n an invasion of his judicial pre-
negatives"
I'VE cannot tolerate such intrusion
On the rights of the couTts," continued
Mr.. Rayner. THE courts are not re-
sponsible to any president of the Uni
ted States for their judgments. A judge
would have been perfectly justified if
he had declined to submit in silence
to a rebuke of the executive. He could
with dlSnified and calm defiance have
proclaimed from tie bench:
Il an sovereign here. YOU have no
greater right to inLeIl~re with me rkan
l have extra j%udicially to d~enounce an
ACT of yours as uSu. De ion"
Mr.. Rayner then pronounced his dis
approval Of the president for his lin
trusion' upon the states, taking for
example the note Of the president to
Governor Guild, OF Massachusetts, in
which the cause OF The governor
was commended in refusing to inter-
fere in tho carrying out Of the death
sentence against Charles L. Tucker.
Il never knew a "olii!n .G.:c4tiOn of this
sort to be sent by Il president to the
governor of q state since the founda- !
ton of the republic said Mr. Rayner, |
and 1 deeply regret and deplore the
occurrence"
While admitting that no technical
violation of any provision Of the %
%stitution was involved, Mr.. Rayner
cOnended that it was a practical an
nouncement that he Az + state of
ticers was subject to the approval III !
displeasure of the federal government.
The most wonderful exhibition of
the presidents power in congress Nj.
Rayner believed to have been at the
time of Legislation for tie sea-leve. |
canal. After. describing his fight he
remarked, lit shows how the dominat-
ing spirit Of the president can ride the
whirlWind when he has made up mis-
mind to legislate and how in absolute
defiance Of the laws of nature he can
produce a senatorial vacuum beneath
the sweep of his mighty genius"
The Schley cas- was the next topic
reviewed by Mr.. Rayner. He predicted
bat the Schley case wou,u vet be
reOpened just as a similar case had re-
been in another land. Admiral