Omaha daily bee., 1907-02-01
RAYNOR ON THE PRESIDENT
Senator from Maryland Says Chief Bxscu-
tive Goes Beyond Constitution.
RAISES NEW BATTltcRY FOR DEMOCRACY
COneeding Honesty of Presidents In
teRtiOns, Speaker Questions His
Right to Interfere with
Making Laws.

ator Hepburn constituted today's proceed
ings in the senate.
Disclaiming any intention Of "assailing"
President Roosevelt, and processing for
him profound personal esteem, Senator
Rayner of Maryland today addressed the
senate in critical review of what he termed
the presidents ''usurpation of governmental
function not conferred on him by the con-
stitution."
He first alluded to the recent speech of
Secretary Root, in which he described the
gradual enlargement of federal power at
the expense of the states. II regard this
doctrine" said Mr.. Rayner. las a most
dangerous and insidlous attack on the in
stitutions of the country" He said that
because these doctrines must be taken, I"
as they were intended to be taken. as mani
Testing the purpose OF the administration
to carry this new doctrine of constitutional
construction into execution whenever 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 la
boring under the honest impression that
he is responsible to the country for the
| legislation of congress"
The first instance Of conflict" between
the executive and legislative functions. Mr..
Rayner said. was In the San Domingo af-
fair, in which. he said, the president has
evidently made his own treaty" Without
| discussing whether the treaty is right, he
| said: The charge that make is that he
has accomplished this in violation of the
| constitution. The treaty has been prac-
| tically carried into effect without consult
ing the senate" The same means. he
said might be employed for the collection
of debts from any Central or South Amert-
| can republic.
judiciary should He Free.
Mr.. Rayner turned his attention to the
! judiciary, announcing his belief that 1t
ought to be free from executive interior
ence. 1T is therefore my judgment" he
added, that the criticism by the presi-
dent of Judge Humphrey with reference
| to his decision in the case known as the
meat packers case in the Illinois court
was an invasion of judicial prerogatves.'
Mr.. Rayner then pronounced his disap-
| proval 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. u
never knew a communication of this sort
to be sent by a president to the governor
of a state since the foundation OF the re-
public" said Mr.. Rayner, land 1 deeply
regret and deplore the occurrence. II
would have been extremely good taste for
Governor Guild to have respectfully re-
| mitted this telegram TO the president with
| a caution that he did not request the presi'
dents opinion In the case nor the sanction
| of his high station to the carrying out OF
the execution"
While admitting that no technical viola
ton of any provision of the constitution
was involved. Mr.. Rayner contended thai
II was a practical announcement that the
acts of state officials were subject to the
approval or displeasure of the federal gov
eminent.
Railroad LeEisIatIon.
The turbulent times in the senate at
tendant on the passage of the railroad rat
bill were next alluded to by Mr.. Rayner
THE president came into the game early,
he began, and then added, 1--WE realize tina
no fight is thoroughly equipped upon thl
floor unless the president is in it. He long
for fight as the heart panteth after tn
water brooks. 1t was a match to the finisl
between the senior senator from Rhod
Island (Aldrich) and the president" TIL
power in congress Mr.. Rayner believed L
have been at the time Of legislating for tn
sea level canal. After describing this figh
he remarked, at shows how the dominatn
. spirit OF the president can ride the whirl
wind when he has made up his mind I
legislate, and how in absolute defiance o
the laws of nature he can produce
senatorial vacuum beneath the sweep of hi
: mighty genius"
; The Schley case was the next topic re
, viewed by Mr.. Rayner, particularly wit
, reference to the presidents action in tn
matter. He predicted that the Schley cas-
would yet be reopened Just as a simlla
> case had recently been in another LAND
1 admiral schley shall be heard" he ar
D nounced living or dead. I have neve
D known an injustice OF this sort TO hav
= been done that the occasion did not arts
to redress It,"
"Unwritten Constitution"
The result OF the presidents constructio
OF his prerogatlves. Mr.. Raynor said. ha
: raised a new school of scribers who Ia
commenced to edit a revised editio
OF the constitution called THE VI
written Constitution" The president
the prophet Of this new creed. But" I
. added. lone thing he has no right to d
|
at HIS disposal TO compel obedience to h
views Another thing he has no right
do and that is TO make compacts with II
speaker OF the house OF representatives
its committees. to accomplish or prevel
8 legislation. He has no right either o.
K You'd his messages In which he is given II
; right at any time to suggest any mea SUI
: he may deem proper or necessary 10 int
: fere with legislation and to force congress
a either to adopt his recommendations or
a It rejects them TO bring about a bresc
IS between the legislative and executive d
r partments that Is detrimental to the be
n interests Of the country. That constitute
n an assumption OF dictatorial power whiC
q the people of this republic will not subm
!, to-"
! In concluding Mr. RAyner said:
n IT believe that II the democratic par
: would take up as its bsttlecry the reserv,
! rights OF the states. and the inviolate col
stitutioned distinction of the legislative, II
JUDICIAL and the executive departments. tn
: We could rally around the doctrine the Il
: telligent suffrages OF our countrymen. 4"
Senator Lodge, responding briefly TO NJ
Rayner declared that nothing the pres
dent had ever said had gone so far L
ward advocating a revolution Of our pre-
.nt e,oxyarnmantaI avstem a. had Mr. pr-