Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-31
HIS INTRUSION ON THE STATES
Cites Case of Letter to Gov. Guild
On His Course in Tucker
Murder Case.
Csnnl Legislation Shows How He Can
Ride the Whirlwind When He Has
A Mind TO Legislatc.

washington, Jan. SI--DlSciatHlng
any intention OF "asssiIing' President
Roosevelt, and processing for him prol
found personal esteem, Senator Ray
ner OF Maryland today addressed tho
senate in critical review of what he
termed tho presidents usurpation Of
governmental functions not conferred
on him by the Constitution.
ROOTS SPEECH.
He first referred to the recent speech
of Secy. Root In which was described
the gradual enlargement of federal
power at the expense oc. the states. Il
regard this doctrine" said Mr.. Rayner.
''as most dangerous and insidiouS at
tack on the institutions of the coun-
try" He saiS that because these doc
trines must be taken, as they we're In
tended to be taken, as manifesting the
purpose of the administration TO carry
this new doctrine of constitutional
construction into execution whenevef
the opportunity or emergency may
arise for its exercise"
Before reviewing the specific actions
of the president which met his criticism
Mr., Rayner remarked: '',The president
is laboring under the honest impression
that he Is responsible to the country for
the legislation OF congress.
SAN DOMINGO AFFAIR.
The FIRST instance of conflict" be-
tween the executive and Legislative
functions, Mr.. Rayner said. was IN the
San Domingo affair. in which he said
"The president has evidently made his
own treaty"
without discussing whether the
treaty is right, he said:
ssrrha Ohnrge / make Isl 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 be employed for
the collection of debts troinlany CEN
trail or South Americehl republic.
THE JUDICIARY.
MIR. Rayner turned his attention to
the judiciary announcing his belief that
it ought to be free from executive In
reference. 1T is therefore my judg-
ment," he added, that the criticism
by the president of Judge Humphrey
with reference TO his decision in the
case known as the meat packers case in
the Illinois courts was an invasion OF
judicial prerogatives.
PRESIDENTS INTRUSION"
Senator Rayner then pronounced his
QlbdDpIoNdl vi PIeoihthL III iiiH
intrusion upon the states. taking for
example the note of the president to-
Gov. Gould OF Massachusetts,, in which
the course OF the governor was COM
mended 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
OF a state since the foundation OF the
republic" said Mr.. Rayner, and l
deeply regret and deplore the occur
renee II would have been extremely
good taste for Gov. Gould to have re-
specially 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 exc
cution."
NO TECHNICAL VIOLATION,
While admitting that no technical
violation OF any provision OF the Con-
stitution was involved, Mr.. Rayner con-
tended that II was practical an
nouncement that the acts of the state
officials were subject to the approval or
hispleasure OF the federal government.
The turbulent times In the senate at
tendant on the passage of the railroad
rate bill were next alluded TO by Mr..
Rayner "The president came into tho
game early" he began, and then add
ed: I'VE realize that no fight Is thor
oughly equipped upon this floor unless
the president is IN H. He longs for
tight as the heart panteth after the
water brooks. 1t was a match TO the
finish between the senior senator from
Rhode Island (Aldrich), and the presi-
dent"
The most wonderful exhibition OF
the presidents power In Congress Mr..
Rayner believed to have been NJ the
time of legislating for the sea level
canal. After describing this fight he
remarked:
PRESIDENTS DOMINATING
SPIRIT.
'lt shows how the dominating spirit
of the president can ride the whirl-
wind when he has made up his mind
to lesislate. and how in absolute dee
fance OF the laws of nature he can
produce a senatorial vacuum beneath
the sweep of his mighty genius"
The Schley case was the next topic
reviewed by AIr Rsyner, particularly
with reference TO the presidents ac-
ton in the matter. He predicted that
the Schley case would yet be re-
opened Just as similar case mad
recently been in another land. "Ad-
miral Schley shall be heard" he an
nounced, living or dead. 1 have
never known an injustice OF this sort
70 nave Deth hoHe tnhl lne OCCASION
did not arise 10 redress IT,"
PROPHET OF A NEW CREED.
The result OF the presidents construc-
tion OF his prerogatives. Mr.. Rayner
said. had raised new school OF soribes
who had commenced to edit revised
edition Of the constitution. called the
"unwritten constitution" The presi-
dent is the prophet OF this new creed
But" he added, zone thing he has
no right 10 do. and that is to use the
vast public patronage at his disposal
to compel obedience 10 hts Views. An
other thing he has no right to do ana
that IL 10 make compacts with the
speaker OF the house OF representatives
on It's committees 10 accomplish or
prevent legislation lie has no right
either beyond his messages In which he
In given the right al any time To sug-
gest any measure no may deem pro-
per or necessary, 10 Interfere With
legislation and to force Congress either
TO adopt his recommendation or IN II
rejects them 70 bring about breach