The Montgomery advertiser., 1907-02-01
Must Stand for States
 Rights.
 -----s----- RESIST ROOSEVELT
 BECOMING DICTATOR Recites Several Instances of Presi- dent Overriding Constitution.
 ------s----- stresuous One Has Iatraded Beyond His Power. So often that an Unwrittea organic Law Is
 sancfioned By
 Some.

Washington, D. C., Jan. si.-Dis- claiming any intention of as- sailing President Roosevelt and pro- leasing for him profound personal es- teem. Senator Raynsr of Maryland to- day addressed the Senate at consider able length in critical review of what he termed the presidents unsurpation of governmental functions not confer red upon him by the constitutions
 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 T regard this doctrine" said MT. Rayner. thus announced, adhered to and emphasized as most dangerous and insiduous attack on the institu- tiona of the country"
 The first instance of ''confiict" be- tween the executive and legislative functionA MT. Rayner said was in the San Domingo affair, in which he said sfthe president has evidently made his own treaty, Without discussing whether the treaty was right, hs said ''ths charge that make is that he has accomplished this in violation of the constitution. The treaty has been practically carried into effect without consulting the Senate.
 Mir. Rayner turned his attention 10 the Judiciary announcing his belief that this branch of the government ought to be entirely free from aKecft- tive interference Tt is therefore my iudgmenk" he added That the rriticism by the president of Judge Humphrey with reference to his decision in the tk the 4ltInois courts was uncailed tor and an invasion of his Judicial prero- xatives."
 cannot Tolerate Intruslsn.
 we cannot tolerate such intrusion on the rights of the courts" continued Mir. Rayner. 'sThe courts are not @re- sponsible to any president of the Uni- ted States for their judgments. A judge would have been perfectly justi- lied if he had declined to submit in silence to a rebuke of the executive. He could well. with dignified and calm defiance, have proclaimed from the bench I am a sovereign here; you have no greater right to interfere with me than I have extraordinarily to de-  ton"
 MT. Rayner then pronounced his dis auproyal of the President for his "in- trusion' upon the States. taking Tor axample the note of the President to Governor Guild of Massachusetts in which the course of the Governor was commended In refusing to interfere with the carrying out of the death sent ence against Charles L.. Tucker. T never knew of a communication of this sort to be sent by a President to tke Governor of a State since the founda- ton of the republic" said Mir. Rayner, "and I deeply regret and deplore the occurrence"
 "while admitting that no technical violation of any provision of the Con- stitution was involved. Mir. Rayner contended that it was practical an- nouncement that the acts of State off cials were subject to the approval or displeasure of the Federal Government
 The turbulent times in the Senate att tendant on the passage of the railroad rate bill were next alluded to by Mir. Rayner. The President came into the game early.
 He longs for a light as a hart pant eth after the water brook"
 The most wonderful exhibition of the Presidents power in Congress Mir Ray ner believed to have been at the time
 
 After describing this fight he remark ed: Tt shows how the dominating spirit of the President can ride the whirlwind when he has made up his mind to legislate and how in absolute defiance of the laws of nature he can produce Senatorial vacuum beneath the sweep of his mighty genius" Reopen SehIex Case.
 The Schley case was the next topic reviewe by MT. Rayner, who referred to the Presidents action in the matter He predicted that the Schley case would yet be re-opened just as a similar case had recently been in another land.
 Admiral Schley shall be heard,'' he announced. living or dead. His cause shall be heard. have never known an inJusti3e of this sort to have been done that the occasion did not arise to redress it..
 The result of the Presidents con- struction of his prerogatives Mir. Ray ner said, had raised a new scbooI ce scribes who had commenced to edit a revised edition of the constitution call ed The Unwritten Constitution" The President is the prophet of this new creed. the Messiah of this strange hal Inclination.
 'But," he added. lone thing he has no right to do, and that is to use the vast public patronage at his disposal to com pei obedience to his views Another thing he has no right to do. and thai is to make compacts with the Speaker of the House of Representatives or its committees to accomplish the leEisla- ton that he desires. or prevent lee islation.
 And still another thing he has no right to do. that is beyond his mes sages, in which he is given the right at any time to suggest any measure ho may deem proper or necessary to in- terfere with legislation and to force Congress either to adopt his recommen-a dations, or if it rejects them, to bring about a breach between the legislative and executive departments that Is det- rimental to tbe best interests of the country: that Constitutes an assumption of dictstorial power which the people of this republic, in the course of time. will not submit to. care not how SrAa4 the achievement or how much 1t