The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-02-22
LONG
Continued From First Page.

thority for the position that it has as
sumed on this bill
stephen A Douglas ia the senate in
1919, expressed his views on the extension
Of the constitution. He said: q
Mr. President, have not many words
to say on this question which has been oc
cupying the attention of the senate.
Whether congress has, or has not, 1.-The
power to extend the constitution over
California shall vote for the propo-
sition to extend the constitution over that
country. I believe we have the power
to extend it, in all its parts, over that
country. believe, furthermore, that we
have the same power to extend the con-
stitution over a country that we have to
bring a country inside of it.
Congress has evidently agreed with
Mr.. Douglas, for on September 9, 1880,
when the territories of New Mexico and
Utah were organized the constitution
and laws Of the United States We're ex-
tended over these territories. When the
law for the organization of the territories
of Kansas and Nebraska was passed, it
contained provisions that the constitution
and all laws of the United States were
to have the same force and effect in
the territories Of Kansas and Nebraska
as elsewhere within the United States
with certain exceptions.
"On February IS, 1861, the territory Of
Colorado was organized and a provision
was Incorporated that the constitution
and laws Of the United States should ex-
tend othat territory. The territory of
Nevada was organized on March ?, 1851,
and the organic act contained a pr3ris-
ion which declared that the constitution
and laws of the United States should be
in full force and effect in that terri DRY.
From the organization Of Dakota, on
March 2. 1861, all territorial acts. includ-
ing those of Idaho, Montana, Wyoming
and Oklahoma have contained provisions
extending the constitution and the laws
of the United States over each and every
territory Similar laws have also been
passed extending the constitution and
Indian Territory.
The supreme court has repeatedly de-
cided that great weight should be given
TO the construction placed on the consti-
tuition by congress. In the case of Litho-
graphic Company vs.. sarony OH L. s.,
50. Justice Miller said:
The construction placed upon the con-
stitution by the first act OF 1870. and the
acts of 1902. by the men who were con-
temporary with its formation, many of
whom were members OF the convention.
that framed. IS Of itseIr entitled to very
great weight. and when it is remembered
that the rights thus established have not
been disputed during a period Of nearly
a century. it Is almost conclusive.
In Field vs.. Clark Gas L. s. SD Jus
tice Harlan said:
The practical construction Of the
constitution. as given by so many acts Of
congress, and embracing almost the Ell
tire period Of our national existence,
should not be overruled. unless upon a
conviction that such legislation was
clearly Incompatible with he supreme.
Law Of the land.
Following the presidents made ty con-
gress during the first fifty yaa-s, II the
constitution can be extended % terri
tories, congress certainly has thc power
10 withhold IT,
THE EXTENSION OF THE CUSTOMS
LAWS OF THE UNITED STATES
'Whatever contention there may have
been as ia the necessity for extending TIE
n newly acq0lcs territory.
and as 10 whether il IS in force N such
territory without such extension there
can be no question about the necessity Or.
extending our revenue ana customs laws.
They have been extended in every ie-
stance where territory has been acquired.
and untu they are so extendez The por;s
in the newly acquired ter-lsorv have al
ways been considered forsiEn ports. It's
question was decided in Pase rs f'.ern.rg
o Howard. saSa. Certain goods were i'm
ported from Tamplco. Mexico. in March
and June lSf7. and entered as PhiIadel-
phia-e The port If Tamplc7 was ia pos
session Of the United states authorizes.
II Il was a domestic port. The duties were
iueg' ily collected, II it was foreign
part they were legal Mr Webster was
counsel IN this ease. IN his argune1t he
ooutsnded that there was a difference BE-
tween the territories and other parts az
the United States. and thai THE aart "a
ths constitution which pyovbg = that dn
lies mast oe equal in 81 ports OF ere
United states does not aPp.y ta 5errs-