Omaha daily bee., 1910-02-16
BURKETT JABS
SENATOR RAYNER
NebraSkan Makes Vigorous Defense of
Postal Savings Bank Bill Which
" Marylander Opposes.
SHOWS PLAN CONSTITUTIONAL
historic Arguments Recalled by the
Defender of Carter Bill.
P0KES FUN AT ANTAGONIST
Says He "Holds Vigil Over Dead
Political Antiquities"
PRINCIPLE BETTER THAN RULES
Closing Discussion OF Authority for
Law Under Constitution, Burkett
Urges letter EIiIIeth, but
Spirit Giveth Life.
historic Arguments Recalled by the
Defender of Carter Bill.
oKEs FUN AT ANTAGONIST
Says He "Holds Vigil Over Dead
Political Antiquities"
PRINCIPLE BETTER THAN RULES
(From a staff correspondentO

WASHINGTON, Feb 15.-(Speclal Tele-
grsm.)-SenatOr Burkett today made vlgor-
ous reply to Senator Reynors attack on
tho constitutlonality Of postal savings
@Nnks. While argumentative throughout in
Support Of the Carter bill now pending,
Senator Burkott gave his fancy fun sway
at times and his illusions to the Maryland
serHtor convulsed not only his colleagues,
but both the public and press galleries
In alluding TO Senator Raynor, Mr.. Burk-
EFT said:
III the distinguished senator had been
born a great musician instead of a great
lawyer he would have excelled in the
drge. II God had made him a scientist
he would undoubtedly have been paloont-
ologlst and revelled in the fossils of pre-
historic ages for the delectation of men.
If he had been called to preach he would
probably have specialized on funerals and
ohanted requlems to the dead and gone Of
his fellow men. But the s-rator is none
Of these. As great constitutional lawyer
he holds vigil over dead and buried political
antiquities and denies himself to all the
splendors Of contemporary achievement.
Old state Right Cry Heard.
'fhe question that the senator raises is
not new one" said Mr. Burkett. 1T is
not wholly unexpected. 1t is not new from
the senator from Maryland, because we
have heard 1t 10 these many years. 1t is
not new to these halls because 1t has been
raised on every occasion during our ma
tional life when the American congress has
undertaken to legisate upon subject not
specifically enumerated in the eighth sec
tion Of article one OF the constitution.
1t was raised by jefferson and answered
by Hamilton. 1t was raised by Madison
and Monroe and answered by John Quincy
Adams. 1t was raised by Jackson and an
swered by Webster. 1t was raised by
Maryland and answered by Chief Justice
Marshall" -ssE tssAHt tgtst,1&AeN>
Speaking of the right Of the government
to do certain things for the pople under
the constitution, a power which has been
more or less subject OF controversy since
thN adoption of the constitution. Senator
Et5rkett said:
I'm the light OF age and by the precedent
and custom of all the world, it is the
legitimate function of the postofflce and
is therefore, constitutional under the au.
thority to establish postoffces and pos
roads. There are instrumentalties of the
postal service that the makers of the con
stitution never dreamed of and there ART
function now in practice that they never
contemplated. II the object of this bill Il
needed or II it win be helpful in tho
opinion OF congress to regulate and pro
mote commerce among the states It IL
proper under the commerce clause of tht
constitution If It VIII be useful to tn,
government in borrowing money it car
be maintained under the clause authorlz
Ing congress to borrow money If congress
believes It would be beneficial in ralslni
and supporting an army, It is constitu
tlonal,"
Precedent i'm Bank Legislation.
The speaker traced the various measure
of remedial legislation with especial refer
ence to the development of national bank
and our currency system against whicl
the arguments of uuconstitutlonality ha,
q been urged. In closing he said:
" "I am one of those who believe there I
hope for the country-not more In the de
votlon of constitutional lawyer than +
the intrepid layman who measures hi
possibilities by his needs and estimate
NE glory Of republic by the genius, en-
ergy and patriotism OF its people II
we'll to learn rules, but 1t Is even bette
to know the principle that underlies rule,
There Is a precept older than constitu
bon itself that the letter Of the la'
killeth, but the spirit glveth life"