Waterbury evening Democrat., 1907-02-01
LODGE AND RAINIER
Maryland Senator Makes 2 Fierce Attack on Roosevelt.
SCORES PRESIDENTS "IyTRUSIOJS"
"His Dominating Spirit Can Ride the Whirlwind When He Has Made Up His Mind to Legislate"-state
 Rights . Battle Cry.

1 Whirlwind When He Has Made Up
 His Mind to Legislate"-state Rights . Battle Cry. I WASHINGTON, Feb. Looming to the defense of the president in reply to the attack by Senator Rayner, Senator Lodge assailed the idea of the govern ment ownership of railroads advocated by Mir. Bryan. He declared that noth. ing the president had said or done had begun to go so far as the Democratic leader had gone in his New York speech.
 Advocacy of government ownership of railroads raised the question, he de. clared, whether we should retain our present form of government or drift Into 'avowed socialism" He defend. ed the president as to Santo Domingo and various matters respecting which Mir. Rayner alleged he had exceeded his authority.
 Senator Carmack (Tenn.) held there was little difference between Bryan and Roosevelt on government owner ship.
 ''The only difference" he said,. Ifs that Mir. Bryan said that if government regulation failed government owner. ship ought to come, while Mir. Roose. l welt said if government regulation fail. ed government ownership was bound :, to come.'
 Disclaiming any intention of "assail. ing' President Roosevelt and profess. ing for him profound personal esteem, Senator Rayner (NId) addressed the senate at considerable length in crit. ical review of what he termed the pres. ident's usurpation of governmental functions not conferred by the consti. tuition.
 He first alluded to the recent speech of Secretary Root. in which was de- scribed the gradual enlargement of fed. eral power at the expense of the states. "I regard this doctrine" said MT. Rayner, thus announced. adhered to and emphasized, as most dangerous and insidious attack on the institutions of the country"
 Before reviewing the specific actions of the president which met his criti. cism the senator remarked: "The president is laboring under the honest impression that he is responsi- ble to the country for the legislation of congress"
 The first instance of ''confict" be. tween the executive and legislative functions, he said, was in the Santc Domingo affair. in which "the presi. dent has evidently made his own Urea. ty.' Without discussing the merits of the treaty he declared:
 "The charge l make is that he has accomplished this in violation of the constitution. The treaty has been prac. tically carried into effect without con sulting the senate" 8s
 MT. Rayner then turned his attention to the Judiciary, announcing his belief that this branch of the government ought to be entirely free from execu. tive interference. He continued:
 
 Tt is therefore my judgment that the criticism by the president of Judge Humphrey with reference to his deci. sion in the meat packers case was un- called for and an invasion of his judi cial prerogatives. We cannot tolerate such intrusion on the rights of the courts"
 In pronouncing his disapproval of the presidents intrusion upon the | states Mir. Rayner took as an example the note to Governor Guild of Massa- , chusetts. in which the course of the governor fin refusing to interfere in the carrying out of the death sentence against Charles L. Tucker was com. mended.
 The most wonderful exhibition of the presidents power in congress Mir Ray ner believed to have been at the time of legislating for the sea level isth- i milan canal. After describing this fight l he remarked:
 Tt shows how the dominating spirit | of the president can ride the whirl- | wind when he has made up his mind to legislate and how in absolute def. ance of the laws of nature he can pro- duce senatorial vacuum beneath the sweep of his mighty genius"
 The result of the presidents con- struction of his prerogatives. he con- tinued. had raised a new school of scribes who had begun to edit . revis- ed edition of the constitution, called 'the unwritten constitution
 ''The president is the prophet of this new creed. the Messiah of this strange hallucination." he declared. But he has no right to use the vast public pat ronage at his disposal to compel obe- dience to his views. He has no right to make compacts with the speaker of the house of representatives or its com. mittees to accomplish the legislation he desires or to prevent legislation"
 In concluding Mir. Rayner said:
 'I believe that if the Democratic party would take up as It's hattie cry the reserved rights of the states and the inviolate constitutional distinction of the legislative. the judicial and the executive departments we could rally around the doctrine the intelligent suf. frsges of our countrymen."
 Wanted Alder.as reters Arrested. NEW YORK Feh Aldsrrn,nl