The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-06-16
Judge Townsend's Decision.

of New York, has decided that the con-
st.,ution Of the United states does not
apply Of its inherent force to the new
island possessions. and that congress
consequently has power to relieve them
from the payment Of federal taxation
and permit them to collect their own
revenues through their own custom
houses. The distinction between the
decision of Judge Townsend and the
dicta Of Judge Lochren, of Minnesota,
on the same subject. is that the former
is decision on a point of law, the de-
termination Of which was necessary
and which was in fact the essential
question presented while Judge Loeb
ren's opinion OF the subject was mere
dicta, political stump speech. inter-
jected into a decision to which 1t had
no relevancy. Judge Townsend's deei-
sion is, consequently, an authoritative
exposition of the law. while that Of
Judge Lochren has no more legal bear
Ing than II he had elected to use the
columns of the newspapers to air his
views.
It is more than probable. indeed, II is
practically certain, that Judge Towns
ends decision on the status of the new
island possessions will be upheld by
the supreme court Of the United States
when the question reaches that tribu-
nal for final adjudication. It Is in ac-
cordance with the tendencies of mod
ern Jurisprudence to interpret the con-
stitutIon of the United States not by
the narrow, technical balancing OF
words and phrases. as II II were stat
ute regulating practice in the police
court, but with a broad consideration
Of the fact that the constitution is not
simply the organic law, not merely a
statute OF somewhat higher order than
the laws passed by Legislative bodies,
but the fundamental basis of our whole
system Of government. From the ear
lest time far more has been read into
that instrument than its exact lam
BudEt, uuNtT SifINtlD tttiiIitdi
probation. would admit: and always
against the same protest Of the strict
construction doctrinaires.
The act OF Jefferson In purchasing
Louisiana and the emancipation proc
lamatlon OF Lincoln alike excited the
horror of the technical constructionists
a. actv ~ ,,suruatto ~ 1ower NOT ,-nr
ranted by anything In the letter OF the
constitution. Yet the purchase Of Lou
isiana is the solitary act OF broad. far
sighted craftsmanship to the credit 81
the long line of Democratic Presidents:
and the emancipation proclamation OF
Lincoln, In itself alone. crowned him
as one OF the worlds immortels. No
| one today questions the wisdom. the
craftsmanship or the right OF either OF
these acts.
Judge Townsends decision, In effect.
amounts simply to this: that the ma
| tional government, by necessary impll-
| cation, Is invested with all the powers
| necessary 20 be exercised by a nation;
that having the power. by necessary i'm
| plication, TO acquire territory. It has the
power TO govern Il; and that IN the ex-
ercise OF those powers of government II
Is not hampered by the limitations
which are placed on its powers when
| dealing with the organized states and
their inhabitants.
II the decision OF Judge Townsend IL
sustained by the supreme court II win
be possible for congress 20 grant the
| largest possible share Of self govern
ment 70 the new possessions. They
| can conduct their own internal affairs
! without the interference Of the national
( government, rs fast as they show the
Necessary capacity. They can control
their own sources % revenue. and es-
/ tabl.sh such customs tariff system as
I may best advance their own Interests.
/ thus becoming neither a burden nor a
/ source OF revenue 10 the national gov
erament In time they can become IS
! Independent ~ national tuteisge as are
/ the scif-goyernlng colonies o, the Rrlt-
( ish crown. and there is no doubt they
will he as loyal and attached 10 THIS
/ country a. the British colonies have
1 proved 20 be TO the parent country. II
/ the Democratic construction q the
constitution had proved correct, they
/ would have been mere appanaEes. ex-
( plotted for revenue purposes. and fore
e1 by arbitrary statutes. not applica-
bic 10 their condition and not Of their
making. to DO all Of their trading with
his country.
It Is exasperating 20 those engaged IN
| enforcing the laws when complaining