The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-05-08
THE AUTHORITIES CITED
General Government Cannot Legislate
Save Under the Constitution.
FROM THIS IT DERIVES ITS EVERY POWER
Our National Government is Not Cons ructed t
Rule With Unlimited Power Subject
People Who Have no Voice
Ia tho Government
In the Government.
(By Associated Press.)

ST. Paul, Mimi, May fudge Lochren
today filed in the United States Circuit
Court his decision on the application OF
Court his decision on the application OF
leased from the Minnesota State prison
Ortiz was convicted by a military tri-
bunal in Porto Rico for the murder of a
United States soldier and condemned to
die The sentence was committed to life
Imprisonment. The application for re-
lease 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 last and to-
day filed an exhaustive opinion thereon.
The decision bears largely on the constl-
tional questions which have arisen on the
position of Porto Rico as a territory OF
the United States. The decision states:
''It would be, indeed, marvellous II it
is made to appear that the men VINO
founded our National Government so con-
structed it that it is capable of ruling
with unlimited power subject people
who have neither guarantees to protect
them nor any voice in the Government
This is foreign absolutism-the worst
form of tyranny.
eff the Constitution does not extend to
Porto Rico and our other new acquisl-
tions of territory, Congress has the I'M
trammeled, absolute power to establish
subject governments or make laws Tor
such territories; it has the power TO
establish dependent monarchies or sa>
trapies. state religion and even slavery.
To say that clause in the Constitution
does not extend to a territory but does
limit the power of Congress in legisiatiue
for the territory, is to draw distinction
too fine to be practical.
1.-The National Government of the Uni
ted States is one of very limited powers
In respect to it's own people in it's entire
domain and generally. except in respect
to it's power to deal with foreign nations
and concerning matters expressly commit
ted to it by the Constitution, it's powers
are much less than those possessed by
other governments. No one will dispute
this.
1.-THE National Government of the Uni
ted States was created and it's powers
and Jurisdiction granted and limited by the
Federal Constitution. It's powers can
only be increased by amendment of that
instrument
1.-The power of the general Government
to acquire additional territory rests upon
it's constitutional power to make war
which may result in conquest, AMI its like
power to make treaties, which may hiring
territory by cessation. The power to gov
ern such acquired territories results from
the power to admit new States to make
all needful rules and regulations respect
ing the territory or other property De-
longing to the United States.
This clause authorizes Congress to leg.
islate in respect to territory in local
as we'll as in national matters before its
admissions to statehood into the Union.
1.-The novel doctrine that the power OF
Congress to govern territory coded to the
United States may be conferred by
foreign sovereign, by and through the
terms of the treaty Of cession. and thai
the general Government can exercise pow
ers thus granted by a foreign sovereign
independent of and in disregard OF the
Constitution, until Congress mayhap in