Gilpin observer., 1900-05-10
AN IMPORTANT DECISION.
Judge Lochren Holds That the Constitu
tion Extends Over Puerto Rico

Judge Lochren Holds That the Constitu.
tion Extends Over Puerto Rico
St Paul, Mimi, May S.-Judge Loeb
rem to-day filed in the United States
Circuit Court his decision on the ap.
plication of Rafael Ortiz, a Puerto
Rican, to be released from the Mime
sofa state prison. Ortiz was convicted
by a military tribunal in Puerto Rico
for the murder of a United States SOL
dier, and condemned to d. The SEN
tence was commuted to life imprison-
ment. The application for release was
based on the claim that the military
authorities had no jurisdiction over Or
tiz; that peace had been declared and
that he should have had n civil trial.
Judge LOchren refused the 1pplica-
ton in an oral decision Thursday last,
and to-day filed an exhaustive opinion
thereon. The decision has evoked
great interest throughout the country,
as it bears largely on constitutional
questions of Puerto Rico as territory
of the United States. The decision
states:
"Our general government was
founded by the men of the revolution
who had rebelled against the arbitrary
power asserted by Great Britain to
govern her outlying colonies at the will
of per Parliament. They established
this government on the asserted theory
that all just powers of government
come from the consent of the govern
ed. They founded, as described by
President Lincoln in language not yet
forgotten, "A government of the peo-
pie, by the people, for the people,
The national government of the
United Staes was created and its pow
ers and jurisdiction granted and limit
ed by the federal constitution. Its
powers can only be increased by
amendment of that instrument.
The power of the general govern
ment to acquire additional territory
rests upon its constitutional power to
make war, which may result in con-
quest. and its like power to make trea.
ties. which may bring new territory by
cession. The power TO govern such ac-
QUESTION territories results from their
power to admit states and to make all
needful rules and regulations respect
ing the territory or other property be-
longing to the United States.
This clause authorizes Congress to
legislate in respect to territory in
local as well as national matters. be-
fore its admission to statehood in the
Union.
1.-The novel doctrine that the power
of Congress to govern territory ceded
to the United States may be conferred
by a foreign sovereign by and through
the terms of the treaty of cession. and
that the general government can eXer-
else powers thus granted by a foreign
sovereign Independent of and in disre-
gard of the constitution until Congress.
mayhap in the future. shall by its en-
actment see fit to extend the constitu-
ton over the territory. is contrary to
the holding of the Supreme Court OF
the United States, to the effect that
the general government is one of the
enumerated powers and can claim and
exercise no power not granted to it by
the constitution, either expressly or by
necessary implication. 1t is clear that
the general government cannot legis-
late over territory where the cOnstitu.
ton from which its every power is de-
rived does not extend.
The constitution must he in force
over territory before the general gov.
ernment can have any authority ia
legislate respecting it. No foreign soy
ereign can invest the general govern
ment with any Legislative power"
port of this opinion, and he contin
upS:
'.It must he held that upon the ces
sion by Spain to the United States OF
the island of Puerto Rico. that island
became a part of the dominion of the
United States. as much as is Arizona
or Minnesota. and that the constitution
Of the United States. eX prOpria vigore
at once extended over that island. and
that this extension of the constitution
gave Congress, whose every power
must come from that instrument. the
authority to legisiate in respect to that
island as part of the United States
territory. 1t follows that all the pro.
visions of the constitution IN respect
TO personal and property rights. in.
cluding the right to trial by jury in
criminal prosecution. became at once
when the cession was completed. n part
Of the supreme law of the land The
character of an offense and the nature
of its punishment would he determined
by the law in force where and when
the act was committed. and laws OF
that character remain i'm force after
the cession until changed: but the man
ner Of trial must depend on the law in
force when the trial is had. even
though the establishment and organiza.
ton of courts must he awaited before
the trial can be had"
The decision states the military law
being the sole authority. the acts of n
military court We're entirely legal and
the petition for n writ of habeas corpus
was denied
CossRcks and Chinese Flight.