The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1907-02-07
REVIEW OF WORK OF CONGRESS
What Our National Lawmakers Are
Doing From Day to Day
Senator Rayner Talks.

tration of the public land laws by
Senator Hepburn constituted Fri
DAYS proceedings IN the Senate.
Disclaiming any intention OF as
sailing President Roosevelt and
protesting for him profound personal
esteem, Senator Rayner addressed
the Senate at considerable length in
critical review of what he termed the
Presidents ~usurpation of govern
mental functions not conferred on him
by the constitution.
He first alluded to the recent
speech of Secretary Root, in which
was described tie gradual enlarge
ment of Federal power at the ex-
pense of the States. 81 regard this
doctrine" said Mr.. Rayner, "thus
announced, adhered to and empha-
sized, as a most dangerous and msld-
ieus attack on the institutions of the
county," He said that because
these doctrines were being constant
iy illustrated in the administration of
the government "they must be taken,
as they were intended to be taken,
as manifesting the purpose of the
present administration to carry this
new doctrine of constitutional con
struction into execution whenever
the opportunity or emergency may
arise for its exercise. The Presi-
dent is laboring under the honest i'm
preston that he is responsible 10 the
country for the legislation of Con-
gress."
President Made His Treaty"
The first instance of "confict be-
tween the executive and legislative
factions" Mr.. Rayner said, was
the Santo Domingo affair, In which
he said the President has evidently
made his own treaty" Without dis
cussing whether the treaty was right,
he said, .tthe charge that l make is
Violation of the constitutions The
treaty has been practically carried
into effect without consulting the
Senate.'
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. "It is therefore
my Judgment" he added, "that the
criticism by the President of Judge
Humphrey with reference to his de-
cislon In the case known as the meat
packers case, In the Illinois court,
was uncalled for and an invasion of
his judicial prerogatives.
eve cannot tolerate such intrusion
on the rights of the courts" con-
tinued Mr.. Rayner. "The courts are
not responsible to any President of
The United States for their judgment.
A Judge would have been perfectly
justified if he had declined to submit
IN silence to a rebuke of the Execu-
tive. He could well with dignifed
and calm defiance have proclaimed
from the bench Il am a sovereign
here; you have no greater right to
interfere with me than [ have extra
judiclally to denounce an act of yours
as usurpation.'
Intrusion Upon the States.
Mr.. Rayner then pronounced his
disapproval Of the President for his
intrusion upon the States, taking
for example the note of the Presi-
dent to Governor Guild, of Massa-
chusetts, In which the course of the.
Governor was commended IN refusing
to interfere In the carrying out of
the death sentence against Charles l..
Tucker. Il knew a commune
cation of this sort to be sent by a
President to the Governor of a State
since the foundation of the republic"
said Nj. Rayner, .'and l deeply re-
greet and deplore the occurrence"
Inland Waterway Bill.
Senator Simmons has introduced a
bill apropriating $704,000 for con-
Meeting the Albemarle, Pamlico and
other sounds and rivers with Beau
fort inlet. The engineers who made
the surveys under the provisions
which Senator Simmons had incor-
porated under the last river and har-
Dor bill, estimate that this connec
ton by q 12-foot canal can be made
by the government by the expcndi-
ture of this amount mentioned. Of
course this is a part of the mHch-dis-
cussed inland waterway, advocated
by MI. Small, and which received no
recognition from the House commit
tee. Senator Simmons is entertain
ing a lively hope that something will
be done for the project when the
river and harbor bill reaches the Sen
ate.
In Honor of German.
The business of the House was
laid aside at 2 o'clock by previous
arrangement, In order that the mem
bers might pay fitted tribute to the
memory Of the late Senator from
Arthur Pue German. Rep
resentative Talbot, Of Maryland. was
the first speaker and he was follow
ed by Speaker Cannon, who called
Mr.. Talbot to preside oyer the
House and, taking a place near his old
seat on the Republican side. told in
phrases of his long associa-
ton with the dead Senator. The
tribute of the Speaker to Mr.. Cor
was warm and heartfelt and the