The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-02-01
OVER RIDES CONSTITUTION
usurps Functions Of Government Not
Conferred Upon Him by consttu.
tion--Enlaraes Federal Power
at Expense Of States.

Ing any intention ot "assailng" Pres.
ident Roosevelt and processing for him
profound personal esteem Senator
Raynor OF Maryland today addressc
the Senate In critical review Of what
he termed the Presidents usurpation
OF governmental functions not con-
terred 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, Il regard this doctrine" said
| Mr.. Raynor, 'as most dangerous and
insidious attack on the institutions OF
the country" He said that because
these doctrines must be taken. as they
! were intended TO be taken, as mani
Testing the purpose cf the alministra-
tion to carry this new doctrine OF
constitutional construction into exc
cuiIon whenever the opportunity or
emergency may arise for its exercise"
Before reviewing the specific actions
of the President which met his criu-
cism, Mr. Rayuor remarked THE
President Is laborlng under the hon
est impression that ne Is responsible
TO the country for the legislation Of
Congress"
The first instance OF Conflict" be-
tween the executive and legislative
functions, Mr.. RaInor said. was In the
eanto Domingo affair. In which. he
said, The President has evidently
made his own treaty"
Without discussing whether the
treaty Is right, he said: THE charge
make is that he has accomplished
this in violation OF the constitution.
The treaty has been practically car
ried 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.
Mr.. Raynor turned his attention to
the judiciary announcing his belief
that 1t ought to be free from execu-
tive Interference at Is therefore my
judgment" he added, that the crit
icism by the President Of Judge Hum
phrey with reference to his decision |
in the case known as the packers case
in the Illinois courts was an invasion |
Of judicial prerogatiyes,"
Senator Raynor then pronounced his
disapproval Of the President for his
intrusion upon the states, taking for
example, the note of the President to
Governor 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 Of communication Of this sort
to be sent by a President to the gov
ernor Of state since the foundation
of the republic" said Mr.. Raynor, "and
deeply regret and deplore the oc-
renee. 1t would have been extremely
good taste for Governor Guild to have
RENTED this telegram to
the President with a caution that he
did not request the Presidents opln-
ion in the case, nor the sanction Of
his high station to the carrying out
Of the execution"
While admitting that no technical
Of any provision Of the con-
was involved, Mr.. Raynor
contended that 1t was a practical an
nouncement that the acts Of state of
ficials were subject to the approval or
Of the federal government.
The turbulent times in the Senate
on the passage Of the rail-
road rate bill were next alluded to by
Mr.. Raynor. "The President came into
the game early" he began, and then
added
I'VE realize that no fight Is thor
oughly equipped on this floor unless
the President Is in 1t. He longs for
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 Pres
ident."
"The most wonderful exhibition Of
the Presidents power in Congress" Mr..
Raynor believed to have been at the
time Of the legislating for the sea level
canal After describing this fight he
ut shows how the dominating spir-
It Of the President can ride the Whirl-
wind when he has made up his mind
% legislate and how in absolute de-