The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-04-24
RAYNTR FOR STATE RIGHTS
STRONGLY CONDEMNS FEDERAL
ENCOURAGEMENT.

Senator. After declaring that the doc
trine Of State rights had slumbered for
nearly half a century because there we're
no great forces at work TO revive it. the
Senator declared that the advent OF the
present Administration, with It's purpose
TO oentralize and concentrate Federal power
and Executive ~prerogative,' had revived
interest In the time honored doctrine.
"The Supreme Court Of the United States
is not the forum in which 10 make the con-
test for constitutional rights said the
Senator. "The power to set aside an act
Of Congress by declaring it's legislation I'M
constitutional is one that was never In
tended 10 be reposed in this tribunal by the
trainers Of the instrument. II Is a strange
historic reminiscence TO refer 10 that a
motion 10 confer such a jurisdiction was
twice voted down in the constitutional con-
v%ention; but, nevertheless, it Is a power
that the Supreme Court has constantly
exercised, and upon many an occasion in
the interest Of constitutional guarantees OF
personal freedom and Of individual rights.
One thing. however, | contend for, and
that Ia that II there is to be any contest for
constitutional rights We should not enact
legislation here Of doubtful validity to be
RENTED to the Supreme Court for its deter
mination, but here upon the floor OF Con-
gress is the place to make the contest, and
while we are making it have 1t fully under
stood, 80 that there can be no mistake
about what the contest means.
Mr.. Rayner strongly condemned the
Presidents proposal to seize the intra-
state railroads and manage them under
the constitutional power delegated to
Congress TO establish post Offices and post
roads, 1T goes beyond anything in the
line Of Federal Capitalization that has ever
been advocated since the Constitution
was established, : he said
Mr.. Rayner condemned ederal ~incorpora-
ton Of railroads advocated by the Presi-
dent and for which a bill is pending in the
Senate. There is only one way OF accom-
plishing the object, and that is to pass a law
that all common carriers shall be prohibited
from carrying interstate commerce unless
they submit to Federal incorporation. 1t
must he observed that there is nothing n
the Constitution that prohibits the Federal
Government from violating the obligation
Of contracts. The language OF section
10 is, That no State shall pass any law i'm
pairing the obligation Of contracts
4The point, therefore, that | make is that
all the charters, with but few exceptions,
will be forfeited under such a law, and that
every franchise granted to every common
carrier by every State in the Union would
be practically vacated. and | predict 1t here
now that this is a proposition that we
must soon encounter and battle with
As another evidence Of the present day
tendencies toward Federal encroaohment
Mr.. Rayner cited a speech Of Secretary
Root upon the necessary enlargement OF
Federal powers:
-We have a proposition boldly announced
by our Secretary Of State, a lawyer Of pro-
found intellect and Of preeminent ability,
that II the States do not come TO the rescue
OF the Federal Government whenever an
emergency arises for the exercise OF Federal
power, that ways will be found which will
give the Federal Government the right to
exercise the power that II proposes whether
Il comes within Its delegated functions
or not.
Fortified by such an authority az this.
IL there any wonder that the President
proposed through the treaty making power
10 overthrow the ocalinstitutions Of every
Commonwealth Of the land with which il
came in conflict"
Senator Rayner declared that IL he we're
writing the Democratic platform for the
campaign Of 1908 he would reanimate the
Constitution, which has been disfgured
and deiaced, and try TO infuse into the
minds Of the people the philosophy Of our
institutions.
Il would undoubtedly continue our his
toric contest against a tariff levied for
protection.
Il would agree that this Government
should become a world power upon the
field Of commerce and OF enterprise and
Of civilization, but | would reject every
proposal 10 unite with any other robber
Government in the despoilment Of foreign
territory or in the conquest OF helpless
races.
Il would with no uncertain sound de-
clare against Executive usurpation.
Il would unhesitatinRly announce that
the Democratic party is In favor OF the
enforcement of every Federal enactment
upon the statute book, and that the law
should be put in force against every in
dustrial monopoly that Ia throttling com
petition and plundering the home OF the
American consumer
Il would limit the Presidential Office TO a
single term, and would further proclaim
that no President should have the nigh.
10 determine the selection Of his successor
through the use Of Federal patronage.
Above everything else, however, |
would add a plank declaring that there
Ia no such thing as an unwritten constitu-
ton OF the United States, and that II Ia a
REASONABLE act 10 insert into IL, whether
by judicial construction or otherwise, any
power or grant that Is not contained with
in the limitations OF the instrument, and
that no Commonwealth Of the Union should
be interfered with in the exercise OF its
sovereign functions within its own jurisdic-
ton, and that the guaranty Of the Tenth
Amendment 40 long as the integrity Of our
Government Is maintained. must stand in
violate and unprofaned.'
The Senator criticised Democrats Of
national prominence like William j. Bryan
who with unrestrained eXultation have
applauded President Roosevelt and com
mended his revised edition Of the Consti-
tuition OF the United States.
"In view Of this complication | would
like an answer TO this question, and perhaps
some one can enllghten me upon il; II the
President should be nominated by the next
Republican convention, what will our
spokesman and orators say who have be-
come the disciples OF his creed and in wor-
shipful idolatry have bowed at his shrinei'
Concluding Senator Rayner said:
Il have always looked upon the Demo-
cratic party as the sentinel Of the Constitu-
ton. and as a party man / protest against
its being tempered with by scribes and
mountebanks. believe that in the coming
contest we ought to plant our colors upon
the Tenth Amendment, and make the contest
clear and clean between the reserved rights
OF the States upon the one hand and Fed
eralism and Capitalization on the other. 1t