The Irish standard., 1900-05-12
IT IS A PART OF THE NATION.

1T IS A PART OF THE NATION.
That the Constitution of the United
States accompanies the Stars and
Stripes into Porto Rico is the opinion OF
Judge William Lochren, of the federal
court, who was commissioner of pen
sions during Cleveland's second admin
lstration. 1t was in a decision rendered
last week in the case of Rafael Ortiz, a
Porto Rican convicted of murder by a
military court OH the island, and now
serving life sentence in the Saltwater
penitentiary, and who was seeking re-
lease before the United States federal
court on writ Of llabeas corpus on
the ground that he was tried and con-
demned in an unconstitutional manner,
that the learned Judge in an "ober die
tum," or passing remark, held that Por-
to Rico became subject to the Constitu-
ton OF the United States the very mo-
lnent the treaty OF cession was signed.
In published interview the United
States encouragement says that Judge
Lochren was not called upon to touch
on the question at all, and therefore
that no importance should be attached
to his opinion. McKinley's attorney
general for the trusts is right in saying
Judge Lochren was not required to go
into the matter in deciding the fate OF
the prisoner, and neither would he have
done so if the attorney for the govern
ment had not compelled him to speak
out In a memorandum filed with his
decision Judge Lochren says: cit might
seem unnecessary to examine even as
briefly as I have the claim that the Con-
stitution does not apply to newly ac-
CURED domain of the United States, had
that claim not been urged with such con-
6dence and amplitude of argument as
the basis on which the decision of the
case must rest, that acquiescence might
be inferred from silence"
Assistant District Attorney Purdy,
who represented the Mckinley admins
tration, persistently maintained that the
provisions OF the Constitution did not
extend to Porto Rico Immediately upon
the signing Of the treaty of peace be-
tween the belligerents, but awaited the
ratification of that treaty by the United
States senate and the Spanish cortes,
and that meantime the island was prop
erly governed by the military arm of the
United States AS the crime had been
committed by Ortiz prior to the cession
OF Porto Rico, the Judge decided that
the prisoner could not claim the protec-
ton of the United States Constitution,
which was not then applicable to the
island, and therefore he held that the
military sentence was binding and re-
fused to release the convict. As if in
reply to Purdy he held, however, upon
several judicial authorities, that by the
ccssion of Porto Rico to the United
States by Spain the island at once be-
came a part of this republic, and that
the Constitution thereupon lex proprio
vigorc.' or by its own vigor, extended
over the island and its inhabitants.
AS Ortiz was arrested, tried and con-
victed before military tribunal in Feb
ruary, 1899, and the treaty of peace was
not ratified until the following April,
the Judge decided that the island was
in state of war in February and that
peace did not prevail until April. There
fore he was properly tried, and the writ
OF habeas corpus was discharged. Judge
John w. Willis, attorney for Ortiz, gave
notice Of appeal to the United States
supreme court, and his client was re-
manded to the penitentiary.
The case is likely to become historic
like that of bred Scott in ante bellun
days. If Judge I.ochren is overruled by
the highest court OF the land, the SUI
preme judges may find it necessary tc
pass on the constitutional point in.
volved. If they in their judgment are
OF the opinion that the Constitution eN
tends to Porto Rico either from thu
date OF the cession OF the island to the
United States or from the date of the
ratification of the treaty, then Presiden
Mckinley and his imperialists canno
govern the island as colony but as :
territory which will eventually becom,
a state of the Union. The supplement
tary remark OF Judge Lochren in thi
case has attracted widespread attention
from the public press. He has place.
the Constitution above congress, Will
the administration has made it subservi
ent to the legislative body and trample'
the sacred instrument under foot in tn
desire for imperial sway. If the suprem
court takes the same view as Judg
Lochren the rainbow chasers afte