Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-01-31
Scores Executive for
Treading Upon Toes
of Others.
CITES MANY INSTANCES
The Legislative and Judicial
Branches and States Made
to Suffer.

Washington. Jan. 31-Disclaiming
any intention of "assailing" President
Roosevelt and protesting for him pro
found esteem, Senator Rayner of
Maryland today addressed the senate
at considerable length in critical re-
view of what he termed the presidents
usurpatiOn of governmental functions
not conferred on him by the constitu-
ton
AlIudes to Roots speech.
He first alluded to the recent speech
of Secretary Root in which was de-
scribed the gradual enlargement of
federal power at the expense of the
states. Il regard this doctrine" said
Mr.. Rayner. thus announced. adhered
to and emphasized as a most danger
Gus and insidious attack on the institu-
tiOns of the country" He said that
because these doctrines were being
constantly illustrated in the admins
tration 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-
strU tiOn into execution whenever the
opportunity or emergency may arise
for its exercise"
Credited With Honesty.
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.'
The first instance of conflict" be
tween the executive and legislative
functions. Mr.. Rayner said. was i'll 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
practically carried into effect without
consulting the senate" The same
means. he said. might he employed
for the collection of debts from any
Central or South American republic.
Trod ON Judiciary'~ Toes.
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 1T is therefore my |
judgment" he added. that the criti- |
cism by the president of Judge Hum |
prey with reference to- his decision in |
the case known as the meat packers
case in the Illinois courts. was un- |
called for and an invasion of his judi |
cial prerOgatives.
I'VE cannot tolerate such intrusion |
on the rights of the courts" continued |
Mr. Rayner. THE courts are not re-
spOnsibIe to any president of the Unit |
cd States for their judgments. y
Judge would have been perfectly justi-
fed if he had declined to submit in |
silence to a rebuke of the executive
He could well, with dignified and calm |
defiance. have proclaimed from IN |
bench. I am the sovereign here; you |
1avc no greater right to- interfere with |
me than | have extra-judicially to de-
rounce an act of yours as usurpa-
ton"
Guild Letter Cited.
Mr.. Rayner then pronounced his dis
approval of the president for his in
trusion" upon the states. taking for
example the note of the president to
Governor Guild OF Massachusetts In
which the course of the governor was
condemned in refusing TO interfere II
the carrying out of the death sentence
against Charles l.. Tucker. Il never II
knew A communication of this sort to
be sent by a president to the governor
of state since the foundation OF the
republic, said Mr.. Rayner. land
deeply regret and deplore the occur
renee Ii would have been extremely
good taste for Governor Guild to have
remitted this telegram to
the president with caution that he
did not request the presidents opinion
in tts case nor the sanction of his
high station to the carrying out Of the
execution"
Makes state Officials Subjects.
While admitting that no technical
violation of any provision of the con-
was involved, Mr. Rayner
contended that it was a practical an
that the acts of state Off
cials were auhjec: 70 the approval or
OF the federal government
The tur6Gient times in the senate at !