The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-08
RAYNER OPPOSED TO
POSTAL SAVINGS BILL

WASHINGTON, Feb, 7-Admitting
that he had given no consideration TO
merits of the postal savings bank BILL
and declaring that he was not in
fluenced by the banking interests,
Senator Rayner today addressed the
purely constitutional reasons.
81 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 will contend for moment that
it comes under any Of the express
powers of the instrument, and the ut
most that will be claimed for it, I sup
pose, that under the eighteenth clause
of section 8 of article /, 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 a law necessary
and proper to carry into execution the
clause which gives congress the power
United States, because this enactment
does not purport to be for any such
purpose
Conceding that the government has
a right to organize a bank as an in
strumentality of government, he con-
tended that no such purposes were en-
braced in the pending legislation. He
tention that the proposed law was au-
thorized by the constitutional provision
regarding postofbce.
General Welfare" Clause.
Mr.. Rayner took up statement
made by Mr., Burkett that authority
is found for the legislation under the
general welfare clause. He declared
that there is no general welfare clause
in the constitution as an independent
grant of power, that no text writer, no
commentor, and no court has ever an
nounced the proposition that Senator
Burkett contended for.
81 know the constitution under the
last administration was In q state of
collapse continued Mr.. Rayner. cup
on a number Of occasions upon this
floor I attempted to show how it re-
ceived blow after blow until it was
almost sent staggering to it's grave
The predecessor of our present pres
ident, whatever else he may have been,
was not q student Of the constitution;
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 fa
miliaIr with the landmarks Of his pow
er, who. with his judicial temperament,
not only will hold himself in eQuili
brium. but proposes TO hold in proper
poise and balance the checks and safe.
guards of governmental power.
AS to Taft's Attitude,
"He has never said in his message
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 CON
stitution as an independent grant of
power, Such an Interpretation as this
would convert us into a centralized
government of inherent and unlimited
function; would sweep to oblivion the
reserved ri@bts of the states; would rem
der the enumerated powers Of the char
ter absolutely superfluous and unncces-
sary; would give congress the right to
Dass any legislation whatever, that, in
its arbitrary discretion. or. from politi-
cal motives, it may determine upon
and. III my opinion, destroying INC au-
tonomy of the states and obliteratlng
the inviolable decision of the tenth
amendment; would make such a gaping
wound in the heart Of the constitution
wither in its veins. -
Sutherland Inquisitive.
When Mr.. Raynor concluded, Senator
Sutherland propoundcd number of
questions intended to show that the
larged as to extend the meaning of the
word and Tender the establishment of
postal savings banks valid under the
postoffice clause OF the constitution.
The inquiry developed general discus
sion. Mr.. Raynor declared there was no
more connection between the postoffice |
and savings institution than there is |
between an army and savings bank.
Mr.. Bailey declared that the postal |