The Washington herald., 1910-02-08

The Senate passed over until to-day
further consideration of the postal saw
ings bank bin after the unfinished bust
| ness was reached yesterday.
When Senator Rayner, of Maryland.
concluded his argument In opposition to
the measure, Senator Sutherland. of
Utah. wanted TO know why the Post
Office Department. since it Is now en-
gagged in issuing money orders. could not
expand its operations and go into the saw
ings bank business.
Sees No Connection.
/ Senator Rayner said there was no more
/ connection between the savings bank
/ business and the functions of govern
ment delegated to the Post-office Depart
ment than there is between the War and
! Post-office departments Senator Bacon
observed that there is as much reason
for the Post-ofice Department entering
in the business Of life and fire insurance
as there is for it undertaking a postal
savings bank business.
/ Senator Carter, of Montana, called at
tention to Senator Rayner's argument
/ that there is no constitutional authority
| for a postal savings bank law. He de-
cared that many of the government
functions have been discharged without
constitutional authority
The Capitol Building, he said, called at
without constitutional authority. and
cited the fact that there is no authority
In the Constitution for placing fish in
I streams, for the survey OF soils, and the
/ Forestry Service. The government. he
/ pointed out, is authorized to do those
things that are not prohibited.
Quotes the Constitution.
] Senator Rayner, in concluding his
! speech. said:
Il have not been able TO find any con
stitutional grounds whatever for this
/ measure No one who has read the Con-
stiution of the United States viii con-
tend for a moment that il comes under
any of the express powers OF the instru-
ment, and the utmost that viii be claimed
/ for il, I suppose. is that under the eight
J eenth clause Of section of article l It
/ is the necessary and proper law 10 carry
J
+ have searched in vain for any decision
I sustaining this contention.
What is the object of this bill? To
/ enable the people 10 deposit their earn
/ iugs; to enable the government 10 borrow
/ it after it is deposited in order to loan IL
! out again But these are not the neces-
sary and proper means for any end at all
/ defined in the Constitution. It is the end
itself. under this Constitution. and it is
the purpose Of the bill, and there is moth
ing beyond it; and I challenge you 10
show NE the provision Of the Constitu-
tiOn under which ii arrays itself, either
/ expressly or by Implication.
Il know the Constitution snder the last
/ administration was in a state Of collapse.
/ Upon a number Of occasions upon this
floor / attempted to show how II received
blow after blow. until 1t was almost sent
staggering to its grave The predecessor
/ OF our present President whatever else
( he may have been. was not student of
/ the Constitution; he did not care for its
/ restrictions, and did not consider himself
bound by its limitations.
Must Preserve Power.
/ THE President takes the oath not only
to protect and defend, but TO preserve the
! Constitution. Now, by the solemn oath
/ he takes, may he preserve II unprofaned
/ in all its parts. and once more call it back
| TO resurrection and TO life.
"He has never said in the messages that
/ he has submitted to Us under what grant
of constitutional power he has proposed
this important legislation. One thing ]
feel sure of, and that is that he will
never regard the general welfare clause
Of the Constitution as an independent
| grant Of power. Such an Interpretation
as this, while it would suit the heretics
who are waging relentless war against
the philosophy Of our institutions. would
convert us into a centralized government
Of inherent and unlimited functions"