Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1898-03-31

JUSTICE HARLAN.
CT Am a Prize Fighter from London.D
bave been newspaper articles recently
g;riutcd IN papers of consequence, criu'
cisjug Che president for not declaring
war against Spain, on account of vari-
GUS complications.
The constitution does not give that
power to the president 1t explicitly
says that the congress shall have pow
cr to declare war;" and that declaration
OF the constitution is sufficient to an
suer all criticisms of the president in
This matter.
Ordinarily Il newspaper writer would
not begin a letter on the constitution,
but wouli assume that the people know
alt about it from their childhood. But
when member of congress, one of the
meu WHO make our national laws, arises
In his seat in the house of representa-
tives, and indicates his dissatisfaction
with the president because he has not
declared war, it may fairly be assumed
that some of our readers are also UNI
familiar with that particular clause of
The constitution; and, in that event, it
will do no harm to call public attention
10 that document under which we are
governed, by governing ourselves.
II is not an uncommon thing for old
timers at the capitol to answer all sorts
of absurd questions. The writer has
shown visitors the senate chamber, and
been rewarded with the ignorant IN
,quiry: "But where is congress?"
Every boy and girl in the land knows
that the senate and house of representa-
tivcs Jointly constitute the congress.
Hut grown men who come here from
Virginia, Maryland and contiguous
states ask just such questions.
Is it any wonder then that some of
Our people are not familiar with the
constitution? And is it not even more
wonderful that a member of congress
should be ignorant of the fact that the
president has no constitutional power
TO declare war? AS matter of fact,
,une OF the most sagacious provisions Of
the constitution is that war shall only
he declared by the congress, and not by
the one man who may occupy the presi-
Dental Office, at any critical period Of
our history.
You will observe that the legislative
branch OF the government is referred to
as "the congress-" Once upon time,
when the writer was employed as an
editorial contributor to newspaper, of
which cabinet minister was editor in
chief, the cabinet official criticised the
use of the word 1.-THE" when reference
was made to the congress. II was nee
cssary to show the constitution to the
august critic, in order that he might
Itnow that it is improper to refer sim
ply TO Congress" but that the legisla-
'sive branch should always be called
'''the congress" in the language of the
constitution.
Not very long ago 30-year-old dude
was seated at dinner with Associate
Justice Harlan, of the United States
supreme court, a jurist known to men
of Intelligence throughout the length
and breadth of the land. But the 80
.year-Old dude, who plays golf and rides
after hounds in this vicinity, had never
heard of Justice Harlan, and, in the
course of conversation, he asked the
question: Jaw, beg pardon, Mr.. Har
Tan, are you engaged in business in this
city; or do you reside in this hlastec
country"
Justice Harlan, who is six feet siS
inches tall, and who weighs well-nigl
500 pounds, and who is a we'll proper
toned, athletic man, looked down a.
abe 30-year-old dude beside him, anC
replied: Nav, don't reside in thi,
blasted country. am prize fighter
lroW London"
The 30-year-old dude almost fell un
der the table with establishment, par
ticularly when he heard the peals o
laughter which filled that palatial din
iUg-room.
But that is n sample of the intclli
gence of the American people wher
they get impregnated with Anglopho
bia. Consequently we cannot be sur
prised when we observe that some o
our people do not read and understand
the constitution, which is the supreme
N1Ws anu uuuSl WllICll ull laws arr Hliuc
No, the president has no authority t,
declare war. He has control of all pre-
iliminary negotiations with foreign
countries in the preparation of treaties
nut even treaties must receive the rati
ticAtion of two-thirds of the senate be
fore they can become operative, so ia
AIS this country is concerned. The con
sstitutiOn wisely restricts certain presi
dental powers, and our people ough