The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1910-02-04
NO POSTAL
SAYINGS
Senator Raynsr Says
There Is No Constitu.
tionaI authority,

Washington, Feb Admitting that
he had given no consideration 10 tho
merits of the postal savings bank bill,
and declaring that he was not in
fluenced by the banking interests,
Senator Rayner today addressed the
senate in opposition to the measure
on purely constitutional reasons.
L have not" he said. been able
to find any constitutional ground
whatever for this measure. No one
who has read the constitution OF the
United States will contend for a mo-
ment that 1t comes under any OF the
express powers of the instrument.
and. the utmost that will be claimed
for II, suppose, that under the 18th
clause of section of article /, It Is
necessary and proper law to carry
into execution the delegated powers.
have searched In vain for any decis-
Ion sustaining this contention, II is
not law necessary and proper TO
carry into execution the clause which
gives congress tho power to borrow
money on the crodit of the United
States. because this enactment does
not purpose TO be for any such pur-
pose"
Conceding that tho government has
a right TO organize a bank as an In
strumentality Of government, he con-
tended that no such purposes were
embraced in the pending legislation.
He also argued against any possible
contention that the proposed law was
authorized by tho constitutional pro-
vision regarding postoflce.
Mr. RaYner took up a statement
made by Dir. Burkett. that authority
Is found for the legislation under the
general welfare clause. He declared
that there is no general welfare clause
IN tho constitution as An independent
grant Of power; that no text writer,
no commentor, and no court has ever
announced the proposition that Sen
ator Burkett contended for
Il know the constitution under the
last administration was in a state OF
collapse" continued Mr Rayner. up
on a number of occasions upon this
floor I attempted to show her 1t re-
ceived blow after blow until II was
almost sent staggering TO It's grave
The predecessor Of our present presi- |
dent, whatever also he may have
been, was not a student OF the con-
stitution; he did not care for It's re-
strictons and did not consider him
self bound by It's limitations. We |
have an occupant OF that Office now I
who Is thoroughly familiar with the /
Of his power, who. with his |
judicial temperament. not only Will |
hold himself in equilibrium. but pro-
poses TO hold in proper poise and bal |
ace the checks and safeguards OF |
governmental power.
HE mas never said in his message |
to us under what grant of constitu.
tional power he has proposed this i'm
portant Legislation. One thing I feel
surc Of. and that is, that he will nov
er regard the general welfare clause
Of the constitution as an Independent ,
grant Of power. Such an interpretA-
ton as this would convert us into a
government of inhercnts
and unlimited functions. would sweep
to oblivion the reserved rights of the :
states. would render the enumerated
powers OF the charter absolutely SUI
perfluous and unnecessary; would
give congress the hight 10 pass any
legislation whatever, that. in It's ar
5itrary discretion. OF, from political
IL may determine upon, and.
In my opinion, destroying the auton-
Omy of the statcs and oblitorating the
Inyiolable decision of the tenth amend
mcnt. would make such a gaping
wound In the heart of the constitu-
tIon that the blood that gave 1t life
would wither In It's veins"