The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-01

any intention of assalllng President
Roosevelt and processing for him pro-
found esteem. Senator Rayner of Mary
land today addressed the Senate at con-
siderable length in critical review of what
he termed the Presidents usurpation of
governmental functions not conferred on
him by the constitution.
He first alluded TO the recent speech
of Secretary Root in which was described
the gradual enlargement of federal power
at the expense OF the states.
II regard this doctrine" said Mr.. Ray
ner, thus announced, adhered to and
emphasized as a most dangerous and in
sidious attack on the institutions OF the
country"
The first instance of Conflict" between
the executive and legislative functions,
Mr. Rayner said. was In the Santo Do
mingo affair in which he said "the Pres
ident has evidently made hts own treaty"
Without discussing whether the treaty
was right. he said:
The charge that 1 make Is that he
has accomplished this in violation OF the
/ constitution. The treaty has bee ars,a =
Gully carried into effect without consult
ing the Senate"
Rights of Courts.
Mr. Rayner turned his attention TO the
! judiciary. announcing mis- belief that this
branch of the government ought to be
entirely free from executive interfer-
ence.
1T is, therefore. my judgment" he
added that the criticism by the Pres-
dent of Judge Humphrey with reference
to his decision in the case known as the
/ t.,lya In, faa4
was uncalled for and an invasion of his
judicial prerogatives."
I'VE cannot tolerate such intrusion on
the rights of the courts" continued Mr..
Rayner. 1.-The courts are not responsible
to any President of the United States for
their judgments A judge would have
| been perfectly justified If he had de-
| clined to submit In silence to "a rebuke
| of the executive. He could well, with
dignihed and calm defiance, have pro-
claimed from the bench, i am soY-
erelgn here; you have no more right to
interfere with me than | have extra
judicial authority to denounce an act OF
yours as usurpation.
! Mr. Rayner then declared his disap-
proval of the President for his intrusion
| upon the states taking for example the
note OF the President to Governor Guild
| of Massachusetts In which the course
! OF the governor was commended in re-
fusing to interfere in carrying out OF tho
death sentence against Charles l.. Tucker.
Il never knew a communication of this
sort to be sent by a President to gov
ernor of a state since the foundation
of the republic" said Mr. Rayner, "and
| deeply regret and deplore the occur
ence.'
Came Into Game Slowly.
/ While admitting that no technical vio-
lation OF amy provision of the consttu-
tion was involved, Mr. Rayner commended
that 1t was a practical announcement that
the acts of state officials were subject 10
the approval or displeasure of the fed
eral government.
The turbulent times in the Senate at
tendant on the passage of the railroad
rate bill were next alluded to by MIR.
Rayner.
"rhe President came into the game
early. He longs for a fight as the hart
panteth after the water brook
The most wonderful exhibition OF the
Presidents power in Congress. Mr.. Ray
ner believes to have been at the time
of leglslating for the sea level canal
After describing this night he remarked;
1T shows how the dominating spirit
of the President can ride the whirlwind
when he has made up his mind TO legis-.
late and how In absolute defiance or the
laws OF nature he can produce a sena-
torial vacuum beneath the sweep OF mis-
mighty genius
The Schley case was the next to be re-
viewed by Mr. Rayner. who referred TO
the Presidents action in the matter He
predicted that the Schey case would yet
be reopened just as Il similar case had re-
Gently been in another land.
Schley Shall Be Heard.
"Admiral Schley shall be heard" hs
announced. diving or dead. His cause
shall be heard | have never known an
Injustice of this sort to have been done
that the occasion did not arise to redress
it."
The result Of the Presidents construc-
tion of his prerogatives, Mr.. Rayner said.
raised a new school of scribes, who had
commenced to edit a revised edition of the
constitution caleL the unwritten constf-
tuition" The President is the prophet of
this new creed the Messiah of this
strange hallucination
But" he said, "one thing he has no
right to do, and that is to use the vast
public patronage at his disposal to compel
obedience TO his views. Another thing he
has no right to do, and that Is to make
compacts with the speaker OF the House
of Representatives or its committee to ac-
complish legislation that he desires or
prevent legislation And still another
thing he mas no right to do. that is be-
yond his messages, in which he Is given
the right at any time TO suggest any
measure he may deem proper or neces-
sary. to interfere with legislation and to
| force Congress either to adopt his recon-
mendatlons or II 1t rejects them TO bring