Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-07
Senator Rayner Says They Are
Contrary to the Fundamental
Law of the Land.
GENERAL WELFARE CLAUSE.
To Regard IL a. Independent Grant of
Power Would Wipe Out Reserved
Rights OF the States.

Washington. Feb. Admitting that
he mad given no consideration to merits
OF the postal savings bank bill. and de-
clariDs that he was not Influenced by
the banking interests. Senator Rayner
today addressed the senate In opposi-
tion to the measure on purely consti-
tutional reasons.
Il have not" he said, been able to
find any constitutional ground what
ever for this measure. No one who
has read the Constitution OF the United
States viii contend FOR q moment that
1t comes under any of the express pow
erS of the instrument, and the utmost
that will be claimed for It, l suppose,
is that under the eighteenth clause or
section s OF article l, it Is necessary
and proper law to carry into execution
the delegated powers. have searched
in vain for any decision sustaining this
contention. 1t Is not law necessary
and proper to carry into execution the
clause which gives Congress the power
to borrow money on the credit of the
United States, because this enactment
does not purport to be for any Sucn
purpose"
RIGHT TO ORGANIZE BANK.
Conceding that the government has a
right to organize a bank as an instru-
mentality of government he contended
that no such purposes were embraced In
the pending legislation. He also argued
against any possible contention that
the proposed law was authorized by the
constitutional provision regarding post
Offices.
Mr.. Rayner took up O. statement made
~ elxat le.
for the legislation under the general
welfare clause He declared that there
is no general welfare clause in the Con-
stitution as an independent grant or
power, that no text writer, no COM
mentator, and no court has ever an
nounced the proposition that Senator
Burkett contended for.
'T know the Constitution under the
last administration was in a state of
collapse" continued Mr.. Rayner. Upon
a number of occasions upon this floor
l attempted TO show how it received
blow after blow until IL was almost
sent struggling to its grave. The
predecessor OF our present president.
whatever else he may have been. Yves
not atuGent OF the CONSTITUTIONS, he
did not care for its restrictions and
did not consider himself bound by its
limitations. We have an occupant OF
that office now. who is thoroughly
familiar with the landmarks of his
power, who. with his judicial temper
ament not only will hold himself in
equilibrium, but proposes to hold in
proper poise and balance the checks
and safeguards of governmental power
GENERAL WELFARE CLAUSE.
He has never said in his message
to us under what grant of constitution
al power he has proposed this impor-
tant legislation, One thing feel sure
of. and that is, that he will never re-
gard the general welfare clause of the
Constitution as an Independent grant
OF power Such an Interpretation as
this would convert US into a centraliz-
ed government of inherent and unlimit-
cd functions. would sweep to oblivion
the reserved rights Of the states;
would render the enumerated powers
of the charter absolutely supernuous
and unnecessary; would give Congress
the right to pass any legislation what
ever. that. In its arbitrary discretion,
or from political motives, it may de-
termine upon, and. In my opinion,
destroying the autonomy of the states
and obliterating the inviolable decision
of the tenth amendment. would make
such a gaping wound in the heart of
the Constitution that the blood that
gave 1t life would wither in its veins"