The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-02-19

Ing Charges l. Not Complied With.
In the Senate today Mr. Hale offered .
resolution calling on the Commissioners Of
the District OF Columbia for a report as TO
why the law Of last Congress. fixing tele-
phone prices In Washington, has not been
carried out. 40 provision OF law, SIR Hale
stated, coJId De palmer than that act. yet
it was set aside. II vas not the first time
that Congress had attempted to protect the
people q the District and had its action
destroyed by some judge or other. He saw
In the newspapers that this provision as to
telephones. not passed in hurry. had been
seized and throttled by some Judge" who
said that Congress had 10 business 10 pass
such a law. and that it was un-Constitu-
tional
Nr. GalI,ugcr remarked that the judge
who heard The case had taken the ground
that the act vas a practical conhscation
OF the property Of the telephone company,
and he intimated that a similar confsca-
tion might be attempted by Congress Of
the property Of the street railroad compa-
nics Of Washington by a reduction Of fare,
as had been already proposed.
Mr.. HaIc Insisted that the law should
not he allowed TO be throutled by an In
ferior judse. and that the decision should
be carried 20 a superior court
Mr. Foraker assumed that the decision
would be taken 20 a superior court; but
that he said. did not affect the priority OF
an inferior judge holding that the law
wrought q conGscation OF property and
was therefore un-ConstitutionaL
Nr. Plat Of Connecticut deprecated any
reflections upon a court. as courts were
the only things in this country that stood
between society and anarchy. He assumed
that The law officers would do their duty
and that there would be a final decision OF
the subject by the Supreme Court.
Mr. Tillmau raised little storm OF
words by q suggestion that the Constitu-
ticn had never been extended TO the Dis
triCt OF Columbia. and that if il existed
there il existed also in the territories re-
Gently acquired. That argument was met
by Nr. Foraker with the assertion that
the Constitution had existed in the States
Of Virginia and Maryland, from which the
District had been carved; that it was spe-
,iacally extended 10 the District il 1871,
.vhen the District Government was ere
ated. and that there was an abundance OF
precedeuts both for extending and with
holding the Constitution
Il want 20 find out" Mr.. TElman shrek
cd whether this judge, this little fellow
up here whom We have created. h2s The
power 20 stop our legislation2"
The Constitutional question took seri-
Gus turn, and Nr- Lindsay quoted an ar-
Sument 81 Daniel Webster 10 The effect
that the Constitution could not be applied
TO the Tcrritories-that IL only applied 10
States and net to Territories But Mr.
Lindsay also admitted that Mr.. Calhoun,
in the same debate. denied that proposition
in all It's fuilness and claimed that the
Constitution OF its own force extended tat
least its appropriate provisions' TO all the
territory within the domain Of the United
states.
Mr.. Vest asked Mr.. Lindsay whether
Chief Justice Marshall had not lprior to
that debate on the territory acquired from
Mexico) decided emphatically that wher-
ever The Jurisdiction OF the United States
extended the Constitution went proprio
vIgore. and that decision, Mr. Vest as
serted, had never been reversed
Mr. Lindsay said he was willing TO admit
THAI Chief Justice Marshall had made that
decision. but IL was in a case arising in
The District Of Columbia lie remarked
that the Constitution had been extended
/ by direct act Of Congress in 1919 10 the
I .--.-s.---- ...-.--s--g F-.r,r ~TavF.o
Mr.. Hoar suggested that Mr.. Lindsay
/ who was sbout 10 take his seat, expand
/ his ideas
This has been" said NIr. Llndsan "a
/ Government Of expansion"
Il thought that that was what was COM
| ing" Mr. Hoar remarked satirically.
We have expanded the application Of
/ Constitutional law" said Nj Lindsay.
I jefferson did not believe we could ac-
( quire any territory without an amendment
/ Of The Constitution Yet all the depart
meuts of the Government Overruled his
/ opinion.
/ Mr. jefferson did not believe that We
| could create a State out Of territory Eot
| included within the original boundaries Of
/ the United States. But We have advanced
over that doctrine and have admitted a
number Of states out OF territory acquired
since the adoption Of the Constitution.
MIR Webster did not believe that we
could by act OF Congress extend the Con-
| stitution over territory acquired, by ad-
! mitting the territory into the Union.
| Webster was Oserruled in that regal
| and the Constitution was extended"
At the end Of an hour and halfs -
| bate Mr. Hale's resolution was adopt,
and at o'clock the Senate proceeded
! the consideration OF the bill TO provide
government for the Territory of Hawaii
Biu to Purchase n Square.
! Representative Allen Of Maine intro
| duced a bill to purchase the square be-
| ginning at The corner Of South Capitol
and Streets, running west on B Street
| lI9 feet. thence southerly 500 feet. thence
! east 255 feet, then north 4S3 feet, 70 the
place OF beginning. The bill provides
! for the erection Of a building for the use
| Of the House OF Representatives.
| Porto RicO's New Treasures.