The Washington times., 1910-02-07
Opposes Measure Urged By
Taft, on Constitutional
Grounds.
CHALLENGE ISSUED
FOR ANY AUTHORITY
President Alleged TO Have Side
Stepped Issue of Con-
stitution.


Constitution or that fhe Government
ha Sthc right TO conduct a banking
business, Senator Isador Eayuer, of
Maryland. threw the eauuJlet down TO
the advocates Of the plan In a vigorous
speech in the Senate today
Not only was the AIaryIa nder's opposi-
ton To- the proposed postal savings
bank legislation a challenge on the
ground OF its uucoustituGouaIity, bul
no declared shat President Taft had
avoided such an Interpretation of the
Constitution III proposing the leEisla-
tion under the general welfare" clause
in his messages TO Congress
Banking d Government Function.
Senator Rayner said in part
1t is said that the Government has "a
right TO organize a bank or charter a
bank. OF course, II has Why BE
cause a hank Is an instrumentality for
carrying out a government function II
is not an end. il Is means Of accom-
plishing some Of the enumerated powers
Every member Of our profession here
will admit that the Government has no
right 10 organize bank simply for the
purpose OF going into the banking busi-
ness The Government has no right 10
so into the banking business except as
an aid Of enumerated powers.
HThis is not a bank we are OrEauiz-
ing. and therefore does not come
within the meaning OF the decision OF
Mccullough vs. the Bank OF the Unit
ed States This does not pretend TO
be bin to borrow money upon the
credit OF the United states
"Tle case 7 have cited, upon the
philosophy OF which all subsequent
decisions rest was argued by Web
SteT- by PiuckneE- by W.T. and by
Luther Martin Three Of these Illus
tirous advocates came from my own
State, and all Of them cons -iIutEd AS
great an Intellectual com oaJiou as
was ever assembled before any tu-
dicial tribunal in the world
No Power to Create Postal Bank
Il axis again. where Is the power
that this legislation is TO executor
challenge an answer under the decisions.
This Government has no right 60 90
into the banking business. except as
an instrumentaHty 10 carry out some
Government function Government
banks can be created and banks can
be incorporated. Why Simply be-
cause they are. within the language
OF the Constitution, the necessary and
proper means TO carry out some or the
delegated powers OF the Constitution
We could not pass an act OF incor-
pOrstiOu for any OF the purposes indi-
Gated in this bill Why Because there
Is no Government function involved The
depositing of money by the people is
not a governmental function LOauing
money by the Government Is not a
governmental function
What is the object OF this 0ill2 To
enable the people 20 deposit their earn
lnES- TO enable the Government 10 Dor
row IL after IL has been deposited in or
der TO loan Il out again But these are
not the necessary and proper means for
an end defined in the Constitution I
challenge YOU TO show me the provision
In the Constitution unGers which this
legislation arrays itself, either expressly
or by Implication
Nothing Like a Real Bank
The biIl simply provides for q saw
fnEs depository, without any bankinE
privileges and with no pretext 10 car
ryinE out a Governmental function au-
thorized by the Constitution II differs
a. much from a bank as Il does from
postohiCe. which is the next claim
perhaps 5u which refuge will be sought
Adhcrfnz o weII-estabIished legal def
uitIOnS and keeping within the range of
professional sanity there Is Ho more
similarity between DOStOfflceS and saw
iuEs banks than there IS between a
pOStonice and an aquarium or a ZOO
logical garden
Speaking of the general welfare clause
OF the constitution which mas been in
vCkcd To justify this legislation ser
atcT Eayner said This IS not The lirS5
time 7 have heard the Seneral-we fare
clause referred TO upon this Moor IS a
source of legislative power When
came 10 tins body. and heard Senator's
aliude to tho general welfare clause as
a grant e power 7 looked upon IL as
a SOrJ Of burleSqUe upon tle tonStltl-
ton. ] stand here TO declare that I shall
reVcr vote IOr any legislation II IT. has
no other authority than the general
welfare clause of the Constitution ana
propose to demonstrate with precision.
/ hone. that this clause can never be
iDVC ECd 10 sanction any measure that
does not come under the enumerated
powers of our organic law
Respect for Constitution.
-I know that the Constitution under
the last administration was IN state
OF collapse Upon a number or occa-
sions on this floor 7 attempted 10 show
how 5t received blow upon blow until IL
was sent staggering TO its grave The
predecessor OF our present President,
whatever else may have been. was not
not care for its restrictions and did
not consider himself bound by its iimi-
tatiOnS. We have an occupant Of the
White House now VINO Is thoroughly
power Therefore when ne submits a
question Ike this II IS worthy Of our
most serious consideration
% President Taft has never said In any
OF his messages TO US under what grant
Of constitutional power he has proposed
this important legislation. One thing /
feel sure Of and that j. that ne viii
never regard the general welfare clause
of the Constitution as an independent
grant of power Such an inferpreta ton
as this while IL would suit the heretics
who are WagiuE relentless war aEains-
the philosophy Of our institutions. woulG
convert us iGtO a centTa Iized govern
ment Of inherent and unlimited func-
ti0ns. would sweep into oblivion the re-
served rights Of States would render
the enumerated powers Of the charter
absolutely supcrdUouS and uDnecessa ~.
and woul dEive Congress the right 10
mass auE legislation whatever shat fu
its arbitrary discretion, ii may deter
mine upon"