Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-31
PROTESTFROM RAYNER
Executive Usurpation Denounc-
ed by the Senator.
SUGGESTS A PARTY CRY
Thinks Rights Of the States" Would
Win the Votes.
ENLARGING FEDERAL POWERS
Regards as Dangerous and 1nsidious
Attack on the Institutions
Of the Country.
ENLARGING FEDERAL POWERS

Disclaiming any intention Of 'assailing"
President Roosevelt and protesting for him
profound personal esteem, Senator Rayner
of Maryland today addressed the Senate at
considerable length in critical review OF
what he termed the Presidents usurpation
OF governmental functions not conferred on
him by the Constitution.
He first referred 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.. Rayner, thus an
nounced. adhered to and emphasized as a
most dangerous and insidious attack on the
institutions of the. country" He said that
because these doctrines were being con-
stantly Illustrated in the administration of
the government they must be taken, as
they were intended to be taken, as mani
Testing the purpose of the present admins
traton to carry this new doctrine OF con-
stitutional construction into execution
whenever the opportunity or emergency
may arise for its exercise"
Before reviewing the specified actions of
the President which met his criticism, MI
Rayner remarked: THE President Is labor
ing under the honest impression that he Is
responsible to the country for the legisla-
tion of Congress-.
The Santo Domingo Affair.
The first instance of conflict between
the executive and legislative functions, Mr..
Rayner said. was in the Santo Domingo af-
fair, In which, he said, the President has
evidently made his own treaty" Without
discussing whether the treaty was right, he
said, "the charge that l make is that he
has accomplished this in violation of the
Constitution. The treaty has been practi-
cally carried into effect without consulting
the Senate" The same means, he said,
might be employed for the collection of
debts from any Central and South Ameri-
aan republic.
Mr. Rayner turned his attention to the
judiciary, announcing his belief that this
ranch of the government ought to be en-
irely free from executive interference. 1T
therefore my judgment" he added, that
he criticism by the President of Judge
HUMPHREY with reference to his decision
n the case known the meat packers
Ease in the Illinois court was uncalled for
and an invasion of his judicial preroga-
tives.''
I'VE cannot tolerate such intrusion on
the rights of the courts, continued Mr..
Rayner. The courts are not responsible
10 any President of the United States for
their judgments. judge would have been
perfectly justified IL he had declined to
submit in silence to a rebuke OF the exeeu-
defiance have proclaimed from the bench:
] am q sovereign here; you have no greater
right to interfere with me than l have ex-
ira tudicially to denounce an act Of yours
as usurpation.'
Praise Of Gov. Guild.
Mr.. Rayner then pronounced. his disap-
prevail of the President for his intrusion
upon the states, taking for example the
note Of the President to Gov. Guild of
Massachusetts, in which the course of the
governor was commended in refusing to
interfere in the carrying out Of the death
sentence against Charles L. Tucker. II
never knew a communication of this sort
to be sent by President to the governor
M q q M HtyNn thA p1nttA n 90 thA
public" said Mr.. Rayner, land deeply re-
greet and deplore the occurrence. 1t would
have been extremely good taste for Gov.
Guild to have respectfully RENTED this
telegram to the President with caution
that he did not request the Presidents
opinion in the case nor the sanction of his
high station to the carrying out Of the
execution"
While admitting that no technical viola
ton OF any provision of the Constitution
was involved, Mr.. Rayner commended that
II was a practical announcement that the
act of state officials was subject to the ap-
prevail or displeasure of the federal govern
ment.
The turbulent times in the Senate attendl
ant on the passage of the railroad rate bill
were next referred to by Mr.. Rayner. THE
bas ssaen an6 came 1per into the game early he
no fight Is thoroughly equipped upon this
floor unless the President is in It, He longs
Tor a fight as the hart panteth after the
water brooks. 1t was a match to the finish
between the senior senator from Rhode
Island (Aldrich) and the President"
The most wonderful exhibition of the
Presidents power In Congress Mr.. Rayner
believed to have been at the time of legis-
lating for the sea-level canal. After describ-
Ing this fight, he remarked 1T shows how
the dominating spirit of the President can
ride the whirlwind when he has made I'D
his mind to legislate. and how In absolute
defiance of the laws Of nature he can pro-
duce senatorial vacuum beneath the
sweep of his mighty genius"
The Schley Case.
The Schley case was the next topic re-
viewed by Mr.. Rayner, who went into the
subject at considerable length, particularly
with reference to the Presidents action In
the matter. He predicted that the Schley
case would yet be reopened just as a SIM
liar case had recently been In another land.
The result Of the Presidents construction
of his prerogatives. Mr.. Rayner said has
raised a new school Of scribes who had be-
gun to edit q revised edition of the Consti-
tuition called the unwritten Constitution"
THE President is the prophet of this new
creed, the Messiah of this strange halluci-
nation. But" he added, lone 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.
Compacts With Congressman.
Another thing he has no right to do, and
that Is to make compacts with the Speaker
of the House of Representatives or Its COM
mitttees to accomplish the legislation that
he desires or prevent legislation. And still
that is beyond his messages, in which he is