Middlebury register. (Middlebury, Vt.) 1886-1937, 1900-04-27
SPIRIT OF THE PRESS
FACTS AND OPINIONS GATHERED
FROM CONTEMPORARIES.
OTHERS OR ALIENS.

CITlZens or ALIENS.
1t Is novel contention that the consu-
tuition of the United states cover, only
such nited States territory as congress
exteld, if to: in other words that con-
grcss NAV iegislate for any territory
over which our lag flies regardless of
the plain requirements and restrictions
of the constitution: but 1t is one that has
grown out of the necessities which the
conquest of the spanish island have
thrust upon us and it is admitted on all
sides that the question whether this i
sound or not must remain an open one
until the supreme court settles it. This
has been one of the reasons given for
tanning through congress the Puerto
Rico tlril bill, in open disregard Of our
plain duty.
Until we know what the court will
say about this we cannot lpgl>latc per
mauently regarding our new possessions.
therefore lets pass bill for two years
tarll and temporary relief and III the
meantime secure an Interpretation OF the
fundamental law, after which we can
proceed nteligently." There has been
some speciousness in the argument and
it has served with many as an excuse for
the bill which has Just been passed. But
we regret to say that the rep esentatives
. of the government do nor show any dis
position to allow the question whether
the Puerto Rcans are Americans or
aliens to come to speedy determination
in the court, and that they are using
their authority to put all obstacles In the
way of others who are trying to bring
about a decision.
In order to make "A case in which the
matter could be tested the New ork
Herald made contract with Jorge Cruz,
q Puerto Rican, TO come to New Ork
and work. which was in open violation
of the alien contract labor law if the
islar is not part of the United States,
as Is insisted by the majority in congress
but all right if. as others contend. the
constitution has followed the flag upon
The island. The contract was carefully
drawn so as to raise the question and
ostentatiously advertised and the govern
ment officials were notified when Cruz
would arrive. If he had not been al
lowed to land case would At once have
arisen upon which an immediate decision
could be had, but instead of this Secre-
tary Gage to whom the matter was re-
ferred, evaded it by trick which j.
described in his letter to the immigra-
tion commissioner of New York as
follows:
''NOu will allow Jorge Cruz TO land. the
department reServng the right TO de-
port him at any time within one wear
and to bring suit for $1,000 penalty
against the person or corporation a.
sisting, encouraging or soliciting him tc
come under contract.
sit appears that Cruz came withou
knowledge that he WAS in violation o
law. if he be here in violation of law. L
further appears that he was brought here
TO make Il moOte case and not in good
fath as a contract laborer.
"1his beng an isolated case, public in,
terests are not affected by allowing hin
10 land subject to future deportation.
"Legislation now pending in congress
may change the present status.
"The department prefers to test th'
question by bringing suit 70 recover th'
penalty imposed by law upon the person
who brought Cruz into the country undc
contract
"The matter will be referred to the de
partment of Justice, with request to TAX
such action in this connection "a IN
case may justify.
~. J. GAGE, Secretary
The plain English of this Is that tn
department prefers to test this questio
at as late a day as possible by bringin
a suit which it need not push 10 n trit
for years.
Another case in which the sam
question is involved is being sidetracke
in another way. d. \. Lima Of New or
has brought a suit 10 recover from tn
government 1000 which he WI
obliged to pay a duty On sugar i
imported from Puerto Rico last year. IA
contention being that "said sugars wer
not liable 20 duty, the same not havin
been imported from any foreig
country within the meaning of any vail
statute or executive order of the Unite
States, but were merchandise Whic
must, under and by virtue of the pr(
visions of the constitution of the Unite
States in that regard, be admitted I
free entry in any port of the Unite
States"
But instead of meeting this with
proposition 10 go straight to trial an
have it settled the district attorney ill
a string of demurrers which declare tn
the suit should have been brought
some other way before some 9th
tribunal and with a different allepatiO