The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-01-22
THE CONSTITUTION
AND PHILIPPINES
An Exhaustive Study Of the Problem by
Col. I. y. McCutcheon.

States. az sovereign owners Of the nation
al territories have supreme power over
than ard their inhabitants" Again II
says: @fssst IL ortaanInx government for
the territories and the people who lnlaass
shass AL discretion which belongs 20 tie
legislative rowar. In vested In congress.
ard that exssrsIs beyond ali controversy
to determining ny Law frcru time 20 tine
the form Of = local government In par
tscEsar territory ard the qualifications OF
siaa~e Eho shall administer It. 1t rests
with congress TO say. whether in given
case, any of the people resident In the ter
r1tory. shall participate ia the election OF
its officers OF the making OF its laws. and
IL may therefore take from them any
rsgfl; Of suffrage II may previously have
conferred. or at any Tina modify or
abrs6ge It, a. IL may deem expedlent."
Control Of M0rmOutsm.
The next case was that 81 Tire Late
Corporation Of the Church o. Jesus Christ
Of Latter Day Saints vs.. United States.
found in f5s United States. Tais was an
other Utah case. Despite the high sound
Ing name Under which the psaintfn pa
raded, tie supreme court was not deferred
from prociaiming. what IL had 50 FREE
queygtiy proclaimed as 10 the absolute SOW
It's territories. Plaintiffs charter had been
granted By the territorial legislature OF
Utah, and by an act OF congress had been
abrogated- The question presented was.
has congress the power 10 repeal the
charter D. the Church Of Jesus Christ OF
Latter Day Saints ard TO cause its prop
erty 10 be seized and sequegtered as pro-
vided by the act"
The opinion of the court was written by
,x.xse ~ vtrv IRA ayaH
logical construction of the constitution,
graces SO many pages Of the reports OF
our supreme court.
He said. Congress Tor good and sum-
cfeBt reasons Of It's own had O fun
and perfect right to repeal its charter and
TO abrogata Its corporate existence And
further, THE power Of congress over the
territories OF the United States. is gem
eral and pienary. arising from and tnci-
dental TO the right 10 acquire the territory
itself. and from the power given by the
constitution. 10 make all needful rules and
regulations respecting the territory or
other property belonging to the United
States. II would be absurd 70 hold that
the United States have power 10 acquire
territory. and no power to govern Il when
acquired
The Case of Alaska.
The United states mas governed Alas
ka for period of thirfy-one years, dur
Ing which time. IL has been without a
law making body except congress. In ad-
dition To the acts of4ongress. the people
OF that territory are required by con-
gress 10 submit TO the laws OF oregon.
In the matter growing out OF the removal
OF Judge McAliister OF Alaska, by the
president, the supreme court In speaking
of territorial government. said: They
are legislative governments, and their
courts legislative courts. Congress in
the exercise Of its will in che organiza-
ton Of government of territories, COM
Inning the powers Of both the Federal and
state authorities"
The last case OF which I have any
knowledge, WAS that of Endeman vs..
United States. and which Is reported tn
the rs Fed. Rep
Esndieman was arrested aud convicted
OF the osyense of selling Intoxicating
liquors In Alaska His contention was
that the law tact of congress providing q
cstil government for Aiaskai Is uncon-
stitutionai. because the government OF
the United States can exercise only those
specific powers conferred upon IL by the
constitution; that the constitution guar
antees TO the citizen the right TO own
hold and acquire property. and makes
no distinction az 10 the character OF the
property. that Intoxicating liquors are
property, and subject To exchange. barter
and traffic. like any other commodity.
The opinion OF the court OF appeals was
written by Judge Morrow and was con-
CURED In by Judges Gilbert and Ross
Those points In the opinion, In point here
are as follows:
The territories OF the United States
are entirely subject To the legislative aii-
thority of congress. They are not organ
lied under the constitution. nor subject
to its complex distribution OF the powers
OF government as the organic law, hus are
the creation exclusively. OF the iegisia-
tive department. And subject to Its super
vision and control
The United States having rightfnlly
acquired the territories and being the
only government which can impose laws
upon them. have the entire dominion and
sovereignty. national and municipai Fed
eral and state. Under this full and com
prehessiye authority congress has UNI
unes.ionahis the power 10 exclude intoxi-
eating liuuorS from amy or all or It's ter
rttoriFs, or limit their sale under such
regulations as u may prescribe. II NAV
feTisiate iF accordance with the special
needs OF each locality and vary SITS regtl-
Iafiofs to meet the circumstances of the
people. Whether the subject elsewhere
would be matter az local police reguIa-
ftons or within fhe state control under
some other power IL ~ irnmaterial TO con-
slider In n territory all the functions of
government are within the legislative ia
rlsaiction OF congress-, and may be ex-
ercised through local government or
directly by such legislation as we have
aow under consideration.