Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-06-05

CONGRESS- AND TIE CONSTITU.
TIOT.

TIE Chicago E.f-r-gccal thinks
the doctrine cumg5sted by Chief
Justice Fuller aui the ether Judges
Wiz, d.zzeutcd from l,c recent ruI-
iu- gf theiras5gciltes. is "a radically
new departure" Al-o that it Is
"prcpostgrous and revglulionary.r
This doctrine is. that tile rover Of
Congress over the Territories is re-
strir.cd 10y the Federal Consultation.
Tine Aetcr-CccaH says this PROPOSE
ton fairly exceeds the rounds Of
the most radical State sovereignty
Gsctriue.-'
The substance Of ali this Is, the
E4isr-OceaH, like the sal. Lake Tn
5w,c, claims for Congress supreme
ami Hniimitei9so over the Ter
rilories. aud rejects with scurn the
idea that the national Constitution
cats any figure IN this claim Of
absolute sovereignty.
They are both entirely OF the
track. This radical Republican
notion is not held, even by the Re
publican Sgrreme Judges or 10y
leading Republican legislators. The
Supreme Court Of the United States
has affirmed over and over again
the doctrine that, Though Congress
has complete jurisdiction in Terri
torial affairs, IL j. nevertheless linn
tied 10y the national Constitution.
For instance: The Firs- Amend
me1t governs the Iegislati. n Of
Congress in the Territories Just
as much as in reference TO
the States. In order 10 sustain the
validity Of the acts II Congress in
Tcsari % U-ah, The Court has been
compelled 10 decide that they were
not passed against IAN establish
meal O.. religion" The Court had
TO declare that certain things held
by the "M5rmons'' IS polt Of their 1
religion were not religion, "a else /.
decide against those acts Of Con- .
Eress.
An this shows that the Court |
viewed the powers u Congress over
the Territories as limited by the
Constitution. The Court has said
50, several lines, in terms, and the
Opinions delivered in cases taken
up from Utah on appeal prove
clearly that the Court 50 held.
More than that, Congress has, by
Legislation. recognized this llmita-
tioa, IL extending the provisions Of
tae Constitution, aud the laws OF Tie
Ulirei States, 50 far as they are
applicable, over all the Territories.
This provision rs to Utaa forms the
las. se.yipn OF the Organic Act.
- shat iasteai Of Justices Fuller. /
Fieil and Lamar euuuciating 4
s-rrep0s-sr0Us AMI revolutionary
it Is the Inter Ocean and !
it, radical Republican c0nfrere in
Utah that has taken "a new de-
par,ure7 and talked pueriIe nom
sense.
The difference Of opinion be-
tween the Republican aud Demo-
cratic Justices OF the Supreme /
Count, was nos on the question Of
whether OF not Congress was lin
tied by the Constitution IN it, legis-
lation affecting the Territory Of
Utah. There vas no dispute be-
tween them on that point. II was
in regard TO the question whether
OF not Congress had exceeded its
constitutional powers in the III ,
stauce under consideration. This
Of itself demolishes the fallacy en-
teTtaiued by the papers named and
takes the ground from under their 4
feet.
The absolute sovereignty heresy
has gained mighty Roadway during
the last half century, and hasalmost
ooiiterated republican government
IN the Territories. But it has not
yet reached the revolutionary uoint
assumed 10y its Chicago and Salt
lake raiicsl advocates, ard Is not
hkeiy to do 50 while this nation re- ,
mains a Republic.