The times. [volume] (Washington [D.C.]) 1897-1901, 1900-05-10
The Struggling Administration.

Anything to prevent test case, involv-
ing the political status of our insular
possessions. from reaching the Supreme
Court before the Presidential election!
That is the settled, cowardly, and ridicu-
lous policy of the Administration Officials
of the War Department are quoted - say
ing that the decision of the Federal Court
at ST. Paul. declaring that Porto Rico is
an integral part of the United States, and
that the Constitution extended over the
island with the flag. is mere obiter
dictum and does not bind the Admins
tration. Yet the Administration knows
that the opinion of Judge Lochren VIII be
sustained by the Supreme Court whenever
a test case is brought before it, and orers
to the country the spectacle OF its panic
in the presence of the issue. and its abJect
fear TO have the same decided in what
even Mr.. Hanna would be bound to con-
slider binding manner.
Admitting the obiter dictum contention
to be good, for the sake of argument, how
does the Administration stand before the
country on the matter? 1t has given the
most public evidence Of actual faith IN the
principles and conclusions stated by Judge
Lochren The President formulated his
plain duty message to Congress in De-
cember on the strength OF an opinion by
Judge Magcon of the War Department.
almost identical in terms with the Federal
Court decision; and Secretary Roo. framed
the Porto Rican part Of his annual report,
| and Manager Payne, in the House, MS
published views upon the same Official
! opinion When the trust magnates came
| over from New York the President ard
the whole outfit changed their views. But.
We mus eoncede. not until after Masoon
had btan ordered to write an opinion. re-
versing two previous ones, to show that
the Constitution did not go with the nag.
Then came opportunities to test the
question in the courts. Although the Ad-
minfstratfon fuglemen in Congress mad
declared that the White House would
never get nights sleep until it had been
| settled by the Supreme Court, the de-
partmental subordinates of Mr.. Mckinley
cut and ran for cover at the first sugges-
| ton CT adjudication. The Jorg Cruz case
in New York was lodged by releasing the
allen contract laborer" from Porto Rico.
which was a clear malversation of justice
| if he was an ALLEN contract laborer. The
Baez cases in Porto Rico were evaded by
| hardening criminals and turning them
loose TO prey on society rather than allow
Hthe status of the island to be settled
through consideration of their claim to
liberty under the Constitution. Now, when
a high national court exposes the fallacy
and criminality of the Administration po-
sition We are cooliy told that it does not
amount to anything; that it is only an
'-obiter dictum.''
But all the circumstances of this raid
upon the Constitution for the sole behoof
and benefi; of the OIL sugar, tobacco. and
rum trusts are thoroughly known and are
being canyassed in every village, hamlet,
ana crossroads from Portland. Me-, TO
Portland. Ore. and from the Lakes to the
Gulf. The record will stand with the peo-
| pie They know what that is. They do
not know much about obiter dicta, but
they do have great respect for the decision
of a Federal court. The Administration is
welcome to whatever comfort it can de-
rive from the situation.