The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-10-25
The Law OF the Case.


complete summary OF the decisions OF
the courts up to this time bearing upon
the legal status of our new possessions.
Judge Burke. in an interview In yester-
Days Post-Inteiligencer. covered the case
clearly and dismissed the absurd conten-
ton that Asiatic labor could be introduced
OF American citizenship. The court de-
cisions shuoted seem to establish the
power Of congress to deal at it's pleasure
with territory outside the limits OF the
states.
We have omitted the bred Scott case.
out OF consideration for our Democratic
friends. They do not like to hear too
much about the doctrine that was shot
to death" in the civil war and this is
part of It. Beginning with the opinion
Of Judge Storey. In 1915. we find these
words: The constitution unavoidabiy
deals in general language. - It
could not be forcseen what new changes
and notifications of power might be in
dispensable to effectuate the general OBJ
jects of the charter" Hence 1t is left TO
the public interests require The lam
guage is broad and sweeping.
More closely related TO the issue Is the
opinion rendered by Chief Justice Waite
In 1879 He says: ut is certainly now too
late TO doubt the power of congress to
govern the territories" Congress may
not only abrogate laws OF the territorial
legislatures. but It may legisiate directly
for the local government. In other words.
II has full and complete legislative au-
thority over the people OF the territories"
so far. the supreme court has never
passed directly upon the status that
Puerto Rico and the Philippines now oc-
cupy, but will do so In cases that are
set to come before It on the 18th OF next
month.
date question. Judge Lochren, Of Min
nesota. rendered an opinion favorable TO
the contention that the constitution OF
its own force extends 10 all the posses
sions OF the United States 1t has to be
remembered. however. that the point was
not before him. and that this conclusion
was injected into the body Of a decision
with which Il was not related. The ques-
ton did come directly before Judge
Townsend. OF New York. whose opinion Is
well worth reading He holds that neither
conquest nor treaty. without an express
provision to that effect. such as Is found
"a the case OF Florida and Louisiana. In
corporates territory into the United
states. His concluding words are very
positive. THE treaty Of Paris. then. is
valid. II LEFT the political status OF the
Inhabitants az Puerto Rico unchanged.
Their status a; The time Of eession was.
as declared by the supreme court. tina;
o. inhabitants % foreign country as re-
CARDS the constitution OF the United
states" That status can he changed only
by act Of congress.
Tbs Il the Republican contention. ana
there ls substantially no doubt among
good constitutional lawyers that the SUI
prene court win sustain u, but whether
Il does or does not. 8; eaneot Affect the
operation of the Chinese exclusion act
No Chinese as we have said. can come
into the United states ;rora either Ha-
wan or the Philippines No court IN Ha-
wam has the slightest Jurisdiction 10 tae
J'ultsa states. ard DO decision Of any
such court hAs any more standing In a
case involving the ssecutian Of fe4ersl
Laws Ia this eouniry iaan ruling OF
some Justice % the peace has ia sa-
prone court decision.
Results summed up On the legal side
are these; The status ot rev territory
Ike Puerto Rico and the Philippines has
newer been axed definitely BY cur su-
prvme court The vast preponderAnee Of
judicial opinion sustains the Republican
contention that tbs constitution extends
10 such teFrltory only when and as Tar as
extended BIZ express acts of congress
Congress, therefore, has power 20 make