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 Roofs 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-
struction 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 Iaboring 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 in 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 be employed
for the collection of debts from any
Central or South American republic.
Trod ON Judiciary's 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 I'M
called for and an invasion of his judi |
cial prerogatives.'
1--WE cannot tolerate such intrusion |
on the rights of the courts continued |
Mr.. Rayner. 1.-The courts are not re- !
sponsibIe to any president of the Unit |
ed States for their judgments. A ,
Judge would have been perfectly justi- |
fled if he had declined to submit in |
silence to a rebuke of the executive |
He could we'll with dignified and calm |
defiance. have proclaimed from tn
bench. I am the sovereign here; you |
ave no greater right to interfere with |
me than | have ra-judicially to de-
rounce an act of yours as usurpa- |
tom
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 /
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, land
deeply regret and deplore the occur
renee. 1t would have been extremely
good taste for Governor Guild to have
respectfully remitted this telegram TO
the president with a 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
Makes state officials Subjects.
While admitting that no technical
violation of any provision of the con-
stitution was involved, Mr. Rayner
contended that it was a practical an
nouncement that the acts of state Off
Gals were suhjec: 70 the approval or
displeasure OF the federal government.
The turbulent times in the senate at