Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-02-02
SAYS INSTITUTIONS OF
COUNTRY ARE ATTACKED
"The President Believes He
IS Responsible For All
Legislation" Says
Rayner

III Him pTOlOuHQ personal esteem,
Senator Rayner of Maryland today ad-
dressed the senate at considerable
length in critical review of what he
termed the Presidents usurpation of
governmental functions not conferred
upon him by the constitution.
He first alluded to the recent speech
of Secretary Root in which he de.
scribed theg radual enlargement of
federal power at the expense of the
states. II regard this doctrine" said
Mr.. Rayner, thus announced, adhered
to and emphasized as most dangerous
and insidious attack on the institutions
of the country He said that be-
cause these doctrines we're being con-
stantly illustrated in the administra
ton 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 Santo Domingo Affair.
Before reviewing the specific actions
of the President which met his criti.
cism, Mr.. Rayner remarked, "The
President is laboring under the honest
impression that he is responsible to
the country for the legislation of con-
gress."
Holds Courts Sacred.
The first instance of conflict" be-
tween the executive and 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 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" The same means,
he said, might be employed for the col
lection of debts from any Central and
South American republic.
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 influence. 1T is therefore my
judgment" he added, that the criti-
cism by the President of Judge Hum
phrey with reference to his decision in
the case known as the Meat Packers
case in the Illinois courts, was uncalled
for and an invasion of his judicial
preroyatives."
I'VE cannot tolerate such intrusion
on the rights of the courts" continued
Mr.. Rayner. "The courts are not re-
sponslDle to any president of the
United States for their judgements. A
judge would have been perfectly JUS
titled If he had declined to submit in
silence to rebuke Of the executive.
He could well, with dignified and calm
defiance, have proclaimed from the
bench I am sovereign here; you
have 70 greater right to interfere with
me than have extra-judicially to de-
nounce an act of yours as usurpation. :"
While admitting that no technical
violation Of any provision of the con-
stitution was involved Mr.. Raynor
contended that 1t was a practical an
nouncement that the acts of state Of
ficials were subject to the approval
or displeasure of the federal govern
ment.
Touches on Rate Measure.
The turbulent times in the senate
attendant on the passage Of the rail-
road rate bill were next alluded to by
Mr.. Raynor. THE President came in.
to the game early" he began, and
then added, 1--WE realize that no fight
is thoroughly equipped upon this floor
unless the President is in it. He longs
for a fight as the hart panteth after
the water brooks. 1t is a match 10
the finish between the senior senator
from Rhode Island (Aldrich) and the
President" The most wonderful ex.
hibition of the Presidents power in
congress, Mr.. Raynor believed to have
been at the time of the legislating for
the sea level canal. After describing
the fight he remarked: 'It 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 mis-
mighty genius"
The Schley case was the next topic
reviewed by Mr.. Raynor, who wen
into the subject at considerable length
particularly with reference to The
Presidents action nthe matter. HI
predicted that the Schley case wouls
yet be reopened just as a similar cast
had recently been in another land
admiral Schley shall be heard" h
announced, living or dead. His caus,
shall be heard. | have never know
an injustice of this sort to have bee,
done that the occasion didm not aris
to redress it,"
The result of the Presidents con
struction of his prerogatives, Mr. Ray
ner said, had raised new school o