The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-11-15

TH HE EXTENT OF the power OF
the president of the United
States in his capacity as
r-in-chief of the
army and navy exercising authority
under military rule in subject territory
has been a recent theme of discussion
in view of the announced intention OF
the president soon to substitute civil
for military government in Cuba ana
Porto Rico The following has been
offered as the law upon the subject
THE president. as commander-in-
chief of the army stands in the posi-
tion of the conqueror of territory. AS
n conqueror he has undisputed author
ity, under international and all other
laws, to prescribe whatever form OF
government he decides upon. 1t may
he a government by the bayonet and
il may be a government without
bayonet in the whole territory. The
foundation of the presidents power in
Cuba, Porto Rico and the philippines
is the law of military government but
this does not mean that soldiers are
essential to the government. The presi-
dent, in his position of cOmmander-in-
chief of the United States, exercises
absolute control over all territory held
through military occupation, and under
the laws of this country he will con-
tinue that control until congress, with
his consent, prescribes some other gov
ernment."
In an opinion rendered on July TO- in
the case of Dady & Co., as to the con-
structiOn of sewers and pavements in
Havana, Attorney General Griggs said:
"Cuba is now under the temporary
dominion of the United States, which
is exercising there, under the law of
beligerent right, all the powers of
municipal government. In the exercise
of these powers the proper authorities
of the United States may change or
modify either the form or the constitu-
ents of the municipal establishments;
may, in place of the system and regu-
lations that formerly prevailed. substi-
tute new and different ones Upon this
line the same authorities, exercising
sovereignty over the island have the
power to provide the methods, terms
and conditions under which municipal
improvements which relate entirely to
property belonging to the municipality
or held by it for public use, may be
carried on. The old provisions of the
Spanish law may be adopted. so far as
applicable or they may be entirely dis
pensed with, and a new system set up
in their place. The municipal author
tiles of Havana, in the matter of en-
gagng in the construction of public
works, may be permitted to proceed
under such law as is now applicable
if that be adequate, or they may, at
the will of the military commander. be
restrained from engaging in any such
works, or from permitting any such
works to be carried on, although in
choate or even completed contracts
therefor have previously been entered
into"
The absolutism of the president, in
other words, under the war power of
the constitution, exceeds by far any
other absOlutism in the history of
earthly governments. For the time
being he is literally the czar Of 1O, 600, OOg
alien human beings, with power over
property and life bounded only by the
restraints of precedents and conscience
Yet taking into account the magnl-
tude, the compeXity and the newness
OF the responsibility centering suddenly
upon one man only a short time before
common citizen, was ever power more
hanaNn1ant1y- "A
was any mistake made when this
power was entrusted by the people to
William Mckinley, the mature, expert
enced and self-possessed veteran, and
denied to the voluble, volatile boy ora
tor from Nebraska?