Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1900-05-12
RICO UNDER
THE CONSTITUTION
Judge Lochren Declares Organic
Law Extended to Island When
Treaty Was Signed.
NO ACT OF CONGRESS NEEDED
Important Ruling by United states
District Judge ut 81. Paul LA
Porto Rican Murder
Case.

st. Paul, Mimi, May Tinted
/ States District Judge Lochren, in this
city, decided that the ratification of
the treaty of peace between n Unit
ed States and Spain made Porto luco
American territory n subject 70
| constitution of the United States Win
out any further act Of congress.
The decision was given in the case
Of Raphael Ortiz, n Porto Rican who
is seeking release from the state
prison Mt Saltwater on the ground
that his trial for murder by q military
court was unlawful, because as an
American citizen he was entitled 10 u
trial by jury.
His application for a writ of habeas
corpus is denied, however, on the
ground that the island was i'm Il state
of war before the ratification of the
treaty, when the murder was commit
ted, and that therefore the military
court had jurisdiction.
Assistant United States District At
torney Purdy argued against the APP
| plication. lie maintained that in any
event the constitution of the United
States did not extend to the island
until the exchange Of ratihcations on
the treaty OF peace by the two gov
ernments, and that while there was
no fighting between the date of the
signing of the treaty and its ratifica-
ton, still the island was in d state OF
war and therefore military trial for
crime was legal.
In an oral order from the bench at
the conclusion of the argument Judge
| Lochren sustained this view of the
- IN. .-.sIA.nI 4hn anhgtinn
raised very important, and he would
be glad of an opportunity TO prepare
q written opinion, but as he was
pressed for time he would make an
oral decision and defer the more care
| full preparation of one in writing until
some future time.
After reviewing the facts in the
case and noting that the trial took
| place between the date of signing the
treaty of peace and the exchange OF
| notifications the court said that ac-
| cording 10 the decisions of the SUI
preme court of the United States a
military commission was without jul
| risdiction to try n civilian in United
States territory in time of peace.
lie considered Porto Rico territory
ofth e United States and subject to the
constitution the minute it came I'M
der the control Of this government.
Unless the constitution extended to
Porto Rico In advance OF action by
congress-, congress would have no
power 10 lcgislate for the island at
all, because il has no authority to leg
islate FOR any except territory TO
which the constitution has extended.
lie called attention to a number OF
decisions OF the supreme court ana
| the opinions Of eminent jurists on
this point. But the constitution did
not extend to the inhabitants until
after the ratification of the treaty.
But the real question i'm the case,
he said, was whether Porto Rico was
In a state of war during the period be-
tween the signing and ratification OF
the treaty. Although there was no
actual fighting, the military had con-
troll and i'm the event of failure TO rat
.fy the war would have been resumed
at once. Therefore n state of war pre-
! vailed. There was a cessation of hos
t~ilities pending an effort to restore
peace, but peace was not restored un-
til the treaty had been fully ratified
by both governments. In the interim
the only form Of trial that could be
| had for crime was military trial, and
for that reason he considered the
commitment of Ortiz regular and de-
MED the writ.
Judge Willis took an exception to
the ruling that the island was In n
| state Of war between the signing and
the ratifying of the treaty, and also
to the ruling that the constitution did
not extend to the inhabitants during
that period.