The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-02-01
LODGE and RAYNER
Maryland Senator Makes q
Fierce Attack on Roosevelt.
SCORES PRESIDENTS "INTRUsIOySr
"His Dominating spirit Can Ride the
Whiriwind when lie rias Made Up
His Mind 90 LcCisiate"-state
Rights n Battle Cry.

Whiriwind When lie rias Made Up
HI. Mind 60 LcyisIate''-state
Rights Battle Cry.
WASHINGTON, Feb. looming Il
the defense OF the president In reply tc
the attack by Senator Rayner. Senator
Lodge assalled the idea OF the govern
ment ownership OF railroads advocated
by Mr.. Bryan. lie declared that moth
Ing the president had said or done had
begun 10 20 so far as the Democratic,
leader had gone In his New Yorb
speech.
Advocacy OF government ownership
OF railroads raised the question, he de
clared. whether we should retain ouI
present form OF government or drift
into "ayowed socialism" He defend
ed the president as to Santo Domingo
and various matters respecting which
Mr.. Rayner alleged he had exceeded
his authority.
Senator Carmack Crenn.) held Their,
was little difference between Bryan
aud Roosevelt ON government owner
ship.
"'rhe only difference" he said. 'ls
that Mr.. Bryan said that II government
regulation failed government owner
ship ought 20 come, while Mr.. Roose
welt said II government regulation fall
ed government ownership was bound
10 come"
Disclalmlng any intention OF "assall
ing" President Roosevelt and profess
Ing for him profound personal esteem
Senator Rayner Md addressed IN,
senate at considerable length IN crit
zeal review OF what he termed the pres
ldents usurpatlon OF governmental
functions not conferred by the constl'
tuition.
He first alluded 10 the recent speech
Of Secretary Root. In which was de
scribed the gradual enlargement Of fed
eral power az the expense OF the states
II regard this doctrine" said Mr.
Rayner. thus announced. adhered tc
and emphasized. Ms a most dangerous
and lnsldious attack ON the Institutions
81 the country"
Before reviewing the specific acilons
Of the president which met his criti.
cism the senator remarked:
''The president Il laborlng under the
honest impression That he Is rcsponsI
bile 20 the country for the legislation
of congress"
The first Instance Of conflict be
tween the executive and legislative
functions. he said. was In the santc
Domingo AFFAIR. In which "the prcsi
dent has evidently mnde his own trea
to-" without discussing the merits Of
the treaty he declared;
'The charge make Il that he has
accomplished this In violation Of the
constitution. The treaty has been prac.
ilcally carried Into effect without con
sulting the senate"
Mr.. Rnyner then turned his attention
10 the judiciary. announcing his belief
that this branch of the government
ought 20 be entirely free from execu-
tive Interference. lie continued:
1T l. therefore my judgment that
the criticism by the president OF Judge
Humphrey with reference 10 his deci.
lion In the meat packes' case was UNI
called for and an invasion Of his Judi.
cial prerogatives. We cannot tolerate
such intrusion on the rights Of the
courts
In pronouncing bis disapproval Of
the presidents Intrusion" upon the
states Mr. Rayner took as an example
the note 90 Governor Guild Of Massa.
chusctts. In which the course Of the
governor IN refusing 10 interfere In the
carrying out Of the death sentence
against Charles L. Tucker was com.
mendcd
The most wonderful exhibition % the
presidents power Ia congress Mr. Ray.
ner believed 10 have been Of the time
OF legislating for the sea level 18th
mian canal. After describing this hight
he remarked:
1T shows how the dominating spirit
OF the president can ride the whlrl-
wind when he has made up his mind
TO lcgislnie and how IN absolute deh.
ance u the laws Of nature be eau pro
ducc a senatorial vacuum beneath the
sweep ~ hi- mighty genius"
The ncsult Of the presidents con
struciion 81 his prerogatives. he con
tlnued. Ind raised new school of
scrilcs who had begun 20 edit a rcyis.
"a edition 81 the constitution. called
the unwritlcn constitution"
The president Il the prophet Of this
new creed. tile Messiah of this strangs
hallucinaflon." he declared. hut he
has no right to use the vast public pat
ronage nj his disposal 10 compel olc'
dlcncc 70 his views lie has no right
10 make compacts with the speaker "
/ the house Of representatives or li-com
mlitecs "a accomplish the legislation
he desires or 10 prevent legislation"
In concluding AFR. Rayner said
Il believe that n the Democratic
party would take NJ NJ IT, battle cry
the reserved rights Of the states and
the inviolRie constitutional distinction
of the legislative. the judicial and the
executive departments we could rally
around the doctrine the intelligent sui
fragcs OF our countrymcn."