The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-01-31


conformity with his own ideals and
standards, His standards and ideals
may be right. and 1 am satisfied that
they are in a number OF instances but
] believe, with all the sincerity possess
that the safety and welfare OF the Re
public Is in danger If the blight Of such
a policy should be allowed by any m
sidious process 10 become ehsfaIteu
Senator Rayner then discussed va
riOus incident Illustrative or this state
ment, taking up first the Santo Do
mingO modus viveadi He charged that
in this matter the President had usufped
the treaty-making power OF the Senate.
and that the appointment of an Amer
lean agent as an official OF Santo Do
mingO 70 collect the customs was ''simp-
ly a cover and an evasion
Bossing the Courts.
Senator Rayner minced no words in
his denunciation or the Presidents in
reference with the courts.
..The Executive. he exclaimed.
should never, either by approval or
criticism, constitute himself a review
ing power over the decisions OF the
courts. 1t is, therefore, ny judgment
that the criticism by the President OF
Judge Humphrey with reference 10 his
decision in the case known as the meat
packers case, In the Illinois circuit was
uncalled for and an invasion Of his ju-
dleial prerogatiyes. ] am inclined TO
think that the decision was correct and
would have been sustained upon aI-
peal II an appeal could have been taken,
but right or wrong. IL did not come with
IN the functions OF the President to re
prove the Judge or animadvert upon his
opinion
we cannot tolerate such Intrusion
upon the rights Of the courts. The
courts are not responsible TO any Presi-
dent OF the United States for their
judgments. The exercise of judicial DOW
CT Is Just as distinct from the exercise I
OF executive power as is the exercise |
or legislative power. and the Presidents
OF the future should be told once and
forever that when they enter upon this
heid they are treading on forbidden
ground"
The Presidents gratuitous approval
OF Governor Guilds act in refusing 10
interfere IN the case OF Charles /.
Tucker, the Massachusetts murderer
sentenced TO death for killing Mabel
Page. brought an indignant rebuke from
Mr. Rayner.
Should Have Been Reproved.
Il never knew a communication Of
this sort TO be sent by a President TO
the governor OF a State since the
foundation of the Republic. and. for the
Presidents sake and in his interest.
deeply regret and deplore the occur
renee" he declared. 1T would have
been In extremely good taste for Cover
nor Guild 10 have respectfully RENTED
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 car
rying out Of the execution.
In my Judgment this involves a most
serious proposition. II practically an
nOunces that the acts of state OFFICIALS
are subject 10 the approval or disap-
pTOval or displeasure of the Federal
Government. IL Obliterates the line be-
tween the two. it announces To the
governor OF every State thPt if he is in
doubt about the performance OF some
act cOunded 10 his supreme authority
that he can appeal 10 the President for
guidance"
The Set-tO With Aldrich.
Taking up the Presidents methods OF
influencing Congress in regard 10 the
railroad rate bill. the Senator drew
humorous picture Of the contest between
Senator Aldrich and the President
The Senator from Rhode Island" he
said, time and time again went down
beneath the pOnderous blows Of his op-
DOnent. But at length science began 10
tell, The President had changed his
tactics So often that Le became exhaust
ed and appealed Tor help. one morn
ing the Senator from Rhode Island APP
peared Ia this chamber with a radiant
smile The tournament was over. The
Senator from South Carolina looked
about Tor the promised troops. but they
had He'd An ex-senator from New
Hampshire chandler Law dead upOH tile
field. The President Law entangled I'm
his armoT, his brrast-plate and his bat
te-aN were shattered. and above him
waved the pennant Of Rhode Island If
the President had only kept ont OF the
fray II would have ended in an entirely
different way. Ii was impossible. how
ever for him to do this"
Greatest Show Of Power.
Tho Senator characterized the passage
Of the lock canal measure as the mDst
wonderful exhibition of thc President
power over Congress that has vet oc-
CURED.
The President had determined he
said. that there was either 10 be a
lock canal or that there should be no
legislation upon the subjsCt. The day
the vote was taken this Chamber pre-
scented most peculiar aspect The air
seemed laden with some narcotic watt
ing its s0mniierous essence over tails
body. When the roll was called the
clerk could hardly hear lie responses
upon the side or the lock canal. and as
the answers came they came in Whis-
pered accents and with Dated breath. /
The charm had done its work, the dead
and made us plant slaves TO the master
viii. Even the senior Senator srOm
Ohio who. when his convictions are
aroused, has often on tais floor dis
played the Nemean lions nerve. fell q
victim to the magic power OF the love
charm that had been connected at the
laboratory of the White House"
In this and his other incisive criti-
cisms OF the President, the Senator from |
Maryland was eloquent and. al times. |
dramatic But IL was as nothing COM /
pared TO the hre that characterized his |
attack On Roosevelt for refusing the an
peal OF Admiral Schley.
The American bar. or that portion of !
the bar Unacquainted with this proceed /
ing declared the Senator. will hardly 1
believe IL until they read il, that the /
President conducted this appeal in utter I
disregard of the rights OF Admiral /
Schley ignoring every principle of COM |
mon law and statutory procedure, and |
in violation at least Of the spirit OF the I
Constitution. which provides that in all 4
criminal prosecutions the accused shall /
be confronted with the witnesses against /
him and have compulsory process for !
obtaining witnesses in his favor.
Scores Evans.
Captains Evans, the principal witness /
against Admiral Schley, was his bitter /
and malignant foe. He testified before |