The Washington herald., 1909-07-06

carly adjournment. OF il may have been
the Fourth OF July which was responsible
for the one hour Of entertainment the
Senate enjoyed yesterday during the con-
sideration Of the administrative features
of the tariff bill
Senator Rayner took the floor 10 make
a profound legal argument against the
administration features OF the bill
He objected particularly to section s.
which provides that any person. who
shall knowingly make any false statement
in the declaration provided for In the pre-
eeding section. &c. relating 10 declaTa-
tions OF value OF property. should be pun
ished by fine and Imprisonment.
Taking this feature with the proviso os
section which declares that IN any case
where the appraised value oS merchan-
disc exceeds the declared value at the
entry by more than 80 per cent. the entry
should be presumed TO be fraudulent. and
IN any legal proceeding that may result
from such seizure the undervaluation. as
shown by the appraisal. shall be presump-
/ tive evidence Of fraud. and the burden OF
proof shall be on the claimant 70 rebut
the same"
Guilty or Crime.
Mr. Rayner held that Il was clearly a
case OF misjudgng a defendant guilty.
OF a crime punishable by imprisonment
on the ex parte affidavit OF a collector
OF customs by putting upon him the bur
den OF proof OF his innocepce.
! Mr.. Rayner said e eas not only un-
/ constitutional but that Il was "infa-
nous" His opposition 10 il was not nit
igated whens he was told by Senator
Aldrich and others that the wording
used was the same as had appeared in
a statute for many years.
I Mr. Rayner also objected 10 the Gus
+ toms court lie said that IL was declared
I 20 be a court OF appeal By the wording
Z Of the bill. when there could De no such
I thing as an appeal 70 a court from an
! administrative decision. He declared Il
should be called a court OF review.
I In the course or the Maryland Seua-
4 tors speech MT- AldTlch declared that
I he was not lawyer. and this seemed to
/ afOrd Senator Rayner a cue
The Senator need not make that ad-
mission. said Mr.. Rayner. This bill
shows that he IS not a lawyer"
I After the laughter provoked BY this
. ~
Senator Rayner explained that while the
! Chairman Of the Finance committee was
| not q lawyer, every other Republican
member Of the committee was and vas
i presumed 10 know the legal effect OF
4 the language used IN the bill
! We have some very able lawyers
among the Democrats on the COMMITTEES. 90
said Mr.. Aldrich-
but you do not let them into the
/ meetings Of the committee retorted Mr..
/ Rayner.
/ Senator Aldrich insisted that the Demo-
/ cratic lawyers on the committee had been
/ present when the administratfve features
OF the bill were considered. Mr.. Rayner
/ continued 20 demand legal authorities
\ from Chairman AIdrich. and finally Sena-
tor Flint OF California, who IS q lawyer,
volunteered TO furnish Mr.. R2yner with
a case from Wallace. United States
/ Supreme Court Reports
/ Mr.. Rayner asked Senator Flint TO read
il. but the Senator from California turned
/ Il over 10 Mr. Rayner 10 read. AFTER
/ the book was handed back and forth sew
| eral times and much merriment had been
| aroused over the apparent unwillingness
| OF either Senator 70 venture into the
\ opinion. Senator Flint eat down after
| taking a shot at Nj Rayne--
That IS a great piece OF satire" OBJ
/ served Mr. Rayner reprovingly 20 NIr
/ Flint but satire IS not the forte Of the
I Senator from California The Senator's
principal forte IS an Increase OF one-half
/ cent on the duty on lemons" This
sally caused laughter when Senator
I Flints earnest fight Tor the increase Of
I duty on lemons was recalled.
I Every time Mr.. Aldrich sought 70 inter
I rupt him the Senator from Maryland
would wave him aside with g suggestion
/ that the debate under way was a pro-
found legal argument. and that a layman
\ Ike Mr.. Aldrich could not be expected 10
understand IL II Mr.. Aldrich ventured 10
question any statement made BY the Sen
ator from Maryland. be would reply by
: saying that the statement he had made
was very clear to the lawyers in the
Senate. but. OF course. was incompre-
hensibie 10 laymen- Once he said 20 Mr..
| Aldrich:
Referred TO Mr. Root.
II you want competent lawyers. ask
the Senator from New York, Mr.. Root
It won't cost you anything to consult him
here IN the Senate"
Even Mr.. Root appeared 20 enjoy this
suggestive reference 10 some OF the big
fees attributed to him. Continuing. Sen
ator Rayner said: IF the Senator from
Rhode Island will only sit down while
| legal questions are being discussed. he
viii enlighten us by his silence. II this
was something about OIL, the Senator
| from Rhode Island could understand IL"
/ Aldrich did not appear to enjoy this
thrust.
During most Of the satirical speech OF
I MI Rayner. Senator Aldrich and mis- col
leagues seemed 70 be getting much merri-
ment out OF H. In spite Of the serious
| Importance which Mr.. Rayner attached
/ 10 the language he was attacking II
/ seemed impossible for him TO refrain
from injecting humOr into the argument
Senator Root. commenting upon the
/ speech. declared that II had been the
safest and sanest Fourth Of July he had
ever experienced, and he congratulated
Mr.. Rayner on his patriotic speech.
At one point in his speech Mr.. Rayner
acquitted Senator Root Of the responsi-
binty OF authorship. and said he could not
bring himself 20 believe thas Attorney
General Wickersham wrote f. He said
that II must have been prepared by Sena-
tor Aldrich OF Mr.. Wickersham's prede-
/ oessor in the Attorney Generals Office.
Speaking OF Mr.. BOnaparte. without nam
| ing him, Mr.. Rayner declared:
IF you were TO have given him prom
issory note accompanied by confession
OF Judgment he WOULD have lost the
case"
After Mr.. Rayner had concluded his
.pyrotechnical display. the Senate got
down 10 serious work and disposed OF the
administrative features Of the BILL
Physician Not Called.
William A. Wayne, aged seventy-three
years. OF $50 Q street northwest, died
! last night without medical attention.