The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-08
THAT ORTIZ CASE.
Judge LOchren's Decision Is One Of
Great Importance.
APPLICATION WAS REFUSED
Because Military Law Was the Only
Effective at the Time.
CONSTITUTION COVERS PUERTO RICO,
CONSTITUTION COVERS PUERTO RICO
The Newly Acquired Colonies Must Be
Treated as Sovereign States.
THE LANGUAGE OF LINCOLN IS RECALLED
"a Government OF the People, by the
People and for the People" Is
What Is Guaranteed.


st. Paul, Mimi. May Judge Lochren
today filed in the United States circuit
court his decision on the application OF
Rafeal Ortiz, Puerto Rican, to be re-
leased from state prison. Ortiz was con-
victed by military tribunal in Puerto
Rico for the murder OF United States
soldier and condemned to die. The sem
tence was committed to life Imprisonment
The application for release was based
on the claim that the military authorities
had no Jurisdiction over Ortiz, that peace
had been declared and that he should
have had civil trial.
Judge Lochren refused the application
in an oral decision Thursday and today
filed his written opinion thereon The de-
cision has evoked great interest through
out tho country, as it bears largely on
constitutional questions which have risen
on the position Of Puerto Rico as Ter
ritory of the United states
The decision states
"our general government was founded
by the men Of the revolution who had re-
belled against the arbitrary power assert
ed by Great Britain 10 govern her outlying
colonies at the Will OF her parliament
They established this government upon
the asserted theory that all Just powers
of government come from the consent OF
the governed They founded, as described
Inv President Lincoln IN language not yel
forgotten. a government OF the people
by the people and for the people II
will be indeed marvellous II IT Is made 10
anpear that these men who then founded
our National government 80 cohAtfu eve,
IN thai il u capable OF rnhne With hniini-
tied mower a subject people who nave
neither guarantees 10 protest them hol
nny voice in the government. ms -
foreign ahsolutism-the worst FORM OF
III Inc constitution does not extend 10
Puerto Rico and our new ACQUISITIONS %
territory, congress has the unlrdulhelou'
absolute mower to establish SUBJECT GOV
ernments or to make Laws for such ter,!-
tories. IL has the power to estaDlisn az
pendent monarchies or satrapies' slsleS'
religions and even slavery the arEHhellt
~ one Of the senators referred 10 lhsl IA
mat clause of the thirteenth amendnenI
prevents The establishment there OF slavery
ia obviously lame and lmpotehI for u NV
constitution does not extend TO thohe Pa''s
of the domain OF the United states u1l
I limit congress IN its powers of lesislhlioh
n,,o, then, nv what PROCESS viii this SIM
( gle clause of an amendment OF that IN,
strument detach itself from the skin or
I the parchment and alont fasten itself upon
these new territories? II II be conAueFel
tbat his clause Of the thirteenth amend
ment ex proprla ygore extends 20 thess
new territories, or limits the powers 0,
congress respecting them every clause o.
that instrument tor the IKE reason -
! euuallv potent To say that a clause III
no constitution does not extend to
territory but doeA limit the power 81 COZ
gress in leglslating for that territory IS
ia draw a distinction too fine to ne prhc-
teal. The argument much repeated, Inn I,
If The National government OF the United
States has not the power TO deal WIZ
these new territories untrammeleu ny t''u
constitution. its power Is less imam tn1'
possessed by the other governments Oh t us
civilized world Is admitted, ~ pIoFen
nothing. The National government Of las
United States is one OF very limited pow
ers In respect to us own people in ita
entire domain and generally except ~
respect TO It's power TO deal with iofeleu
nations and concerning matters eKpfespy
committed to Il W the constitution ~
powers are much less than thai ppsseShe''
by other governments. No one VIM uiS,
pute this. The National soFeInlnoal -,
the limited states WAS created ana ~
mowers and jurisdiction granted ana hnllr
"a bv tho Federal constitution lie pow
|. ers can only be increased by smendmen'
OF that instrument
"rrhe powers OF the general government
to acquire additional territory rests en-
it's constitutional power 20 maze W. W.
: which may result in conquest 9ho ~
/ power TO make treaties which may prlhN
: territory by cessoh. The power 10 10Y
! ern such acatLred territory results ron
the mowers y. admit new States and &c
make all neodful rules ana regulations
J respecfing the terriior- or other proper, I
) helonglng 10 the United States TN
clause authorizes congress 10 leglslate u
respoct 10 a territory ia local as wen ~
- National matters before rs admission
TO Statehood in the UNION
'"rhe noTel doctrine that the power Q
! congress u govern territory ceaei 20 ~
United States may be conferred ~ loI
elgn sovereign by aTo through tns yer
] 81 the treaty OF cession. and that the gen
l oraI government can exercise poYera thu
granted by foreign sovereign independ
!, cot OF and In disregard 10 the contribution
] until congress mayhap IN he iutuFF shs
, by us enactment see 1T 20 extend IN
constitution over the country, Is eonifar
I TO the holding If me supreme court OF N
: United States, TO the eilert hat iae gehsr
. government is one Of ennmerats4 power
and can claim ,nl e-ercge ~ stiFi,sk
}, nr. granted 70 Il by the coustituiion eitne
}. hexpressly or By necessary implication.
I ut Is clear that the general goyefnmel
. can not legiSlate over anything when q
o ccnstsution from its every power Is az
= rived does not extend The constitute
must be in force over a territory beioi
n the general government can have autho'
lily TO iegislate respecting Il. No foreis