The Washington times., 1909-05-31
Maryland Senator Declares
Tariff Measure as Plan
ned Is Not Legal.
ADVISES MINORITY
70 ACT UNAIDED
Insists Democrats Have Nothing
to Gain by Acting With In
surgent Republicans.

II stand for the unprotected people
against protected monopoly. Not pro-
'ction for American industries. but
protection TO the American consumer;
that is the catchword that I would
conjure with
such is the position of Senator Ray
ner OF Maryland as stated by himself
IN a speech today IN the Senate. He
opposed the alliance between the DEM
ocrats and the insurgent Rpublicans
suggested by Senator NewIands, and
declared that in his judgment the
Democrats had better "go it alone"
So far as 1 am concerned he said.
81 aIn voting with the Insurgents all the
time. and they are all men of uhfiinch-
ing courage, but there is no doubt about
the fact that, with the single exception
OF the Senator from Wisconsin. we have
not heard a positive statement as to the
willingness of Suy one OF them TO vote
against the bill when II Is finally per
fected. Every time We vote Win theul
we are defeated, and then after we vote
upon the last item. they expect TO sup
port the whole bill with all OF their
amendments voted down, While inle e4l
10 vote against the bill even II the
amendments have been adopted. My
own judgment, therefore, is that we had
better go II alone
Any Such Bill Wrong.
Senator Rayner contended that any
bill purporting to raise revenues. which
imposed duties intended to be prohibit
tive, was unconstitutional. He would
never believe, he said, that Congress
had the power 10 levy prohibitive du-
ties. but the fnsurgent Republicans be-
lieved that it had that power. II the
pending tariff bill We're to declare upon
its face that any Of the duties which it
imposes were prohibitive and that they
were levied with that intent. the act
would be unconstitutional pro tanto.
lie did not hold that a protective duty
levied upon a revenue basis was uncon-
stiiutional.
Il admit that if a duty for revenue is
laid. even If II affords protection, while
* might be against public policy and
the traditions of my party, II is a valid
exercise of constitutional power. My
proposition is this. When You show
that the duty is levied not for the pur-
pose Of revenue. but for the purpose of
absolutely preventing impOrtatiOnS,
then under the taxing power YOU are
beyond the jurisdiction of the COnstitu-
ton.
Doctrine Not Obsolete.
do not tell me that I am reViving
an obsolete doctrine. because tell you
that the point that I am now making
has never yet been presented TO the
courts and the courts have always
avoided deciding it. because the legis-
lation before them has always concealed
the intent Of the law-making power.
The courts have always said they could
not tell whether or not the act viii
raise revenue. because upon its face il
purDoTts 10 do go.
As an illustration of his argument
Senator Rayner read a proposition in
the form Of a bill proposing TO put a
prOhibitive duty OF so ton on steel
rails IN order to prevent their inSDor-
tation on its face he said such
bin would be unconstitutional. But
asking himself whether the pending
tariff bill was unconstitutional he de-
clared that II was not.
Perpetrating Fraud.
why not?
simply because We are perpetrating
a fraud upon Congress. upon the Con-
stitution, and upon the Supreme Court
OF the United States in concealing the
legislative motive from the legislative
measure. This bill. under the guise Of
collecting revenue places a prohibitive
duty upon hundreds of articles Of i'm
pOrtation. and il it expressed this pur-
pose upon its face. as does the bill
that ! have sent 10 the desk to be
read. II would be unquestionably pro-
nounced invalid. II is for this reason,
M r ANatAANAAls Alfdh I dEN against Inc
entire bill. ana against any bill that
levies prohibitive duties"
Earlier IN his speerch, referring. TO
Senator Aldrich's statement that an at
tack upon the wooden and cotton
schedules OF the bill was an attack 3.oou
the very citadel OF protection Mr. Raw
ner poked a lot Of fun al the ReDubii-
cans and the divisions existing among
Ihem.
Never said he, was a citadel in
SUCH q state OF tumult and c0mmotion 3.
He pictured Senator AldriCh, with his
warriors, upon the upper floor while the
din and clatter We're on the floors be-
meath where the insurgents were trv-
ing TO undermine the foundations Of the
structure
Gives Names To Each.
He described Senator GaHinger Of
New Hampshire, who is a doctor, as
the surgeon Of the post" and Senator
SmOot OF Utah, who is an apostle of
the Mormon Church. as "the chaplain
OF the garrison, holding daily hIs morn
ing. midday. and afternoon REVEALS
He Tldiculed Senator Root for his at
tempt 10 absolve AIdrich from any re-
sponsibility for any paragraph OF the