New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-21

because they occupy about rhree-toafths OF ''ie
Attorney Generals brief"
Ia speaking OF President McKiney's original
recommendation as to Porto Rico IN ms hrs'
message 70 the LvIth Congress dr. Al'l'eh
rsnea,ealv Quoted the President as declaring
that Il was cur manifest duty to give free
rrade 70 Porto Rico. when everybody else IN lhe
crowded courtroom was aware that MI NC
Kinlev used the stronger and more direct woro
.,niain" instead of Mr. Aldrichs word mani
fest" Two or three Of the Justices seemed
strongly inclined 20 correct his phraseoiogy anu
reduce il 10 a literal quotation Of the President
and Justice shiras broke his customary silence
with the question: .-s---..-
was IL before or after the passage of the
PORTO Riean Tariff bin that the President. said
il was our plain duty to give free trade 10
Porto Eicc?"
1t before the passage OF ing Oi'' a.
swered the lawyer.
Justice Harlan asked il the treaty making
power could go beyond the Fourteenth Amend
roent 70 the const tuition and Mr.; Aldricn replleo
that he thought not
CONTROVERSY WITH JUSTICE HARLAN.
soon after this question Mr. Aldrich got into
an amusing controversy with Justice Harlan
The attorney quoted extensively from reeHHI
decision Of the Supreme Court which ne con-
sidered Of peculiar pertinence 70 this case ana
he repeatediy attributed the decision TO JUSTICE
Harlan. The dignifed jurist kept shaking ms
head deprecatingly at Mr. Aldrieh' put "heh
the LAWYER failed TO take the hint Justice Har-
Ian blurtly blurted cut, loud enough 10 De hearo
tv everybody in the courtroom: That was
,o+ my optnien. sir on the contrary. I dis
sented from it strongly 1t was Mr. Justice Gray
here Iuointlng TO that grave and dignihed per-
sousge) who wrote that opinion. YES SIT; u was
Mr. Justice Gray and not !"
Mr Aidrich apologized profusely TO justice
Harlan for the error, and after little coughing
spell proceeded with his argument
It's startling proposition he saio' that a
power denied TO Parliament as inconsistent WIN
Iiberrv ana consonant only with tyranny be-
longs t. the Coner SIS Of the United states III
ore case and to the President thereof in an
other: that a power the assertion Of which
justified rebellion and a prolonged and bitter
war 70 resist was carefully preserved in the
very Government established as the result OF
such resistance: that our forefathers denied an
omnipotent Parliament 20 decree an omnipotent
Congress; that what was tyranny as to them
in 1866 is less than tyranny now. Time
must be capable Of changing principles If this
proposition be true
Speaking OF Americas early struggle Tor I'D
erty Dir. Aldrich said:
The virile remonstrances OF the several Colo
rueuts ever produced. These discussions Iaaue
the writing Of the Declaration Of Independence
easy and were fit preparation Tor tne Ions
years Of struggle and self-sacrifce necessary 70
maintain ane establish the principles Of that
immortal production We have since abohsned
slavery and have become admittedly the 1ore-
Tr,ost marion in all history in all that stands
for liberty guaranteed by laws made by a free
people which is our boast and the object OF our
alteration Cur principles. our uaolflons, our
liberty our Constitution all forbid that arbi-
trary power shall become our characteristic
The shaft aimed at the new colonial polcy is
tipped with a feather from the American Con-
stitut!on.
He closed with eloquent reference to the
work Of the forefathers. which he said was
not for their day alone, but for all time.
SPECULATION AS TO THE DECISION.
Naturally. now that the case is closed, specu-
lation is rife as TO the qYtcarae. AS heretofore
intirnated in The Tribune. the consensus Of
opinion in Washington is that Justices Harlan.
Brewer and White are-set in~+heir view against
the Governments contendon-I cHence the advo-
Gates Of the doctrine that THE Constitution fol-
lows the flag" feel certain that these three men,
bers Of the court not only viii vote against a
decision for the Government but are extremely
Anxious for the Court 10 ignore all technicalities
and decide the case souarely on the constitu-
tional issues involved. Justice Brown has not
asked the lawyers many questions, but the few
inquiries he has made indicate that he also leans
u
From this point Of view. il appears that the
bench will be close when the time comes 70 rem
\ der a decision, and ii is generally believed that
n II the Government wins il viii be by vote OF
i've 10 four. But Justice Peckham, 10 say moth
Ing OF Chief Justice Fuller is yet TO be reckoned
with in this calculation. Justice Peckhanl has
asked some questions indicating serious doubt in
MS mind as 10 the main contentious He ike
Chief Justice Fuller and Justice White. is
Democrat and all three of them were appointed
10 the bench by Mr. Cleveland. who continues
10 oeclaim against the Administrations colonial
policy II is interesting 10 note that justices
Brewer Brown and Shras were appointed by
General Harrison who. like Mr.. Cleveland is
opposed TO the Administrators colonial policy.
Whether or not the views of Mr.. Cleveland or
those Of General Harrison will have any ikflu-
ence on the minds Of the men they appointed to
the bench may be. il is submitted, psycholog-
lcal rather than purely speculative question.
For the matter Of that, il be claimed that
previous party Affiliations may have no more
weight with the Justices than the relations sup
posed TO have existed between them and the
appointing power prior 10 their appointment.
Aside from serene confidence in the merits of
their contention. the supporters Of the Govern
rnent's policy are buoyed up with hope 10 the
outcome by the circumstance that IL the
initiative OF the Court and especially Of the
CHEZ Justice that the cases Of Goethe and
Pepke were joined instead of bking tried sep
srately. II is argued that possibly this is an in
oicatiOn OF the Courts desire not face at this
Tirne the tremendous responsibility Of deciding
the civil and political status Of the new insular
possessions, and that there certain palpa-
HE weaknesses Of a technical character in the
Goe1Ze case. these viii enable the Court to dodge
the main questions on technicalties in the hope
that the Government after while will straight
en out whatever difficulties il may be in through
legislative action