Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-01-31
SAYS PRESIDENT
IS A USURP[R
Senator Rayner Makes a Wordy
Assault on the Nations
Chief Executive
MESSIAH OF HALLuclNATIoNs
Dec cIares the President Has Raised a
Nsw School Of soribes Who Are Ed
ting a Revised Edition Of tho Con-
stitution-country's institutions In
si,iiousIy Attacked, Says Rayner.

Washington, Jan. s1.-Disclaiming
any intention of "assailing" President
Roosevelt, and protesting for him pro-
fourd personal esteem, Senator Rayner
of Maryland today addressed the SEN
ate at considerable length in critical
review of what he termed the presi-
dents usurpation of governmental
functions not conferred on him by the
cons titution.
He first alluded to the recent speech
Of Secretary Root in which was de-
scri,ed the gradual enlargement of fed
eral power at the expense of the states.
Il regard this doctrine" said MI.
Rayner, "thus announced, adhered to
and emphasized as most dangerous
and insidious attack on the institutions
o. the country" He said that because
these doctrines were being constantly
illustrated in the administration of the
gov arnment, "they must be taken, as
they were intended to be taken. as
mallifesting the purpose of the present
administration to carry this new doc
trine Of constitutional construction in
to execution whenever the opportunity
or emergency may arise for its exer-
cise."
Before reviewing the specifications OF
the president which met his criticism,
Mr.. Rayner remarked: THE president
is lslboring under the honest impression
thai. he is responsible to the country
and for the legislation of congress"
The first instance Of conflict" be-
twekn 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
'.ths. charge that make is that he has
accomplished this in violation of the
con stitution. The treaty has been prac-
tically carried into effect without con-
sulting the senate The same means,
he s;aid, might be employed for the coll
lection of debts from any Central and
South American republic.
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. ut is therefore my
Judgment he added, that the criti-
cisrn by president of Judge Humphrey
with reference to his decision in the
case known as the meat packers case
in The Illinois courts, was uncalled for
and an invasion of his judicial pre-
rog atives."
1--WE cannot tolerate such intrusion
on the rights of the courts" continued
Mr. Rayner. "The courts are not re-
sponsible to any president of the Unit
ed States for their judgments. A judge
would have been perfectly justified if
he declined to submit in silence to a
rebuke Of the executive. He could we'll,
with dignified and calm defiance, have
proclaimed from the bench, I am a
sovereign here; you have no greater
right to interfere with me than have
sxtra-3udicially to denounce an act of
yours as usurpation.'
Mr.. Rayner then pronounced his dis
approval Of the president for his ..in-
rusfon" upon the states, taking for ex-
ample the note of the president to Gov
ernor Guild 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 communication of this sort to
be sent by a president to the governor
of state since the foundation of the
republic" said Mr.. Rayner. "and L
deeply regret and deplore the occur
rerce. 1t would have been extremely
good taste for Governor Guild to have
respectfully remitted 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."
While admitting that no technical
violation of any provision of the consti-
tuition was involved, Mr.. .Rayner con-
terded that it was practical an
noilncement that the acts of state Off
cials We're subject to the approval or
displeasure of the federal government.
The turbulent times in the senate at
ter dant on the passage of the railroad
rate bill were next alluded to by Mr..
Rayner. The president came into the
game early" he began, and then added:
We realize that no fight is thoroughly
equipped upon this floor unless the
president is in it. He longs for fight
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 president"
The most wonderful exhibition of the
presidents power in congress- Mr.. Ray
nei. believed to have been at the time
of legislating for the sea level canal
After describing this fight he remark
ed: 1T shows how the dominating
spirit Of the president can ride the
whirlwind when he has made up his
mind to legislate, and how in absolute
defiance of the laws of nature he can
produce a senatorial vacuum beneath
che. sweep of his mighty genius
:rhs Schley case was the next topic