Daily press. [volume] (Newport News, Va.) 1896-current, 1907-02-01
. Is = IT, 4 .
IRAYAER GOES AFTER
BIG STICK W|ELDER
ssnaloP From Maryland Makes an
Able Speech on The Presidents
Growing Power.
he has VIOLATED CONSTITUTION
In o'spassIonase Speech ne says
That Roosevelt in Many Ao.s ,Haa
Shown to the Country Tina. He Is
Mo Rospec.or of the Rights of the
judiciary Senate or state.
Thy Associated Prcss).

q SSenator Rayncr's address, OH the
expansion OF executive prerogatIves,
Senator Lodges brief reply and an
extended discussion of the admins
etTition of the public land laws by
senator Hepburn, constituted today's
proceedings in tho Senate. Dis.
claiming any intention of "assailIng"
President Roosevelt ana protesting
Tor him profound personal esteem,
Senator Rayner addressed the Senate
nc considerable leugth in critical
review OF what no termed the
PRESIDENTS usnrption of govern.
mental functions not conferred on
him by the constitution" He first
I alluded to the recent speech or
Secretary Root In which lie descrlb.
ed the gradual enlargement of fed.
eral power at tho expense OF the
states. 81 regard this doctrine"
said Mr.. Rayner, thus announced
adhered to and emphasized, as a
most dangerous and insldlous at
tack on the Institutions OF the
country"
HE said that because these doc.
trlnes We're being constantly illus.
trated In the administration of the
government they must be taken.
as they wore intended, az mani.
resting tho purpose OF the present
adm Illustration to carry this new
doctrine of constitutional construc-
tion into execution whenever the
opportunity or emergency may arise
for Its exercise.
THE President Is laboring under
the honest impression that he Is
responsible to the country for the
legislation of Congress"
Violated the Constitution.
The first instance OF conflict"
between the executive and legislative
functions, MIR. Rayner said was in
the santo Domingo affair, In which
he said, the President had evident.
~ made his own treaty"
Without discussing whether the
treaty Ia right" he said 1.-THE charge
that ] make is that ne has accom-.
plished this In violation of the con.
atitution.: The treaty has been pluc.
Ideally carried into effect without
consulting the Senate" Mr.. Rayner
furned his attention to the judiciary
announcing his belief that this
branch of the government ought to
he entirely free from executive In.
terference. at is therefore my
Judgment" he aided, that she
criticism by the President of Judge
Humphrey with reference to his
decision in the case known as the
meat packers case In the Illinois
court, was uncalled for and an
invasion of his judicial preroga.
tlyes."
I'VE cannot tolerate such intru.
sion on the rights of the courts"
continued Mr.. Rayner.
THE courts are not responsible
to any President OF the United States
Tor them judgments. "A, Judge
would have been perfectly justified II
mo had declined to submit In silence
10 rebuke OF the executive. He
could we'll with dignlfied and calm
defiance have proclaimed from the
bench II am sovereign here: You
have no greater right to interfere
with me than have judicially to
denounce an act OF yours as usurp.
alton"
States Rights Discussed.
Mr.. Raynor then pronounced his