Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1900-05-10
Details Of the Decision Recently
Renderedby Federal Judge
Lochren.
POWERS OF CONGRESS LIMITED
cannot Rule New Acquisitions Re.
gardlcss OF the Constitutions
Declares This Would BE Worst
Form Of Tyranny.

sooAo lii> acSlSAou Oh tllc dppllSatloii
Of Rafael Ortiz, a Porto Rican, to be
released from the Minnesota state
prison.
Ortiz was convicted by military
tribunal in Porto Rico for the murder
Of United States soldier, and con-
aemned to die. The sentence was COM
muted to life Imprisonment.
An application for release was
based on the claim that the military
authority had no jurisdiction over Or
tiz, that peace had been declared and
that he should have been given a
civil trial. Judge Lochren refused
the application in an oral decision
Thursday last, and today filed an eA-
haustive opinion thereon.
The decision has evoked great in
terest throughout the country, as it
bears largely on constitutional ques-
tions which have arisen on the posi-
tion of Porto Rico as a territory of
the United States. The decision
states:
Our general government was
founded by the men of the revolution
who had rebelled against the arbi-
trary power asserted by Great Britain
to govern her outlying colonies at the
will of her parliament. They estab-
lished this government upon the as
serted theory that all just powers of
government come from the consent of
the governed. 1t will be, indeed, mar
velous if 1T is made to appear that
tional government so constructed it
that it is capable of ruling with an UNI
limited power a subject people who
ho1 ,,,fr TO ~
them nor any voice in the government
the worst form of tyranny.
This LIS Foreign Absolutism.
If the constitution does not extend
to Porto Rico and our other new ac-
QUESTIONS of territory, congress has
the untrammeled, absolute power to
establish subject governments or
make laws for such territories; it has
the power to establish dependent
monarchies or satrapies, state re-
ligions and even slavery. The argn-
ment of one of the senators referred
to that the clause of the thirteenth
amendment prevents the establish
ment there of slavery is obviously
lame and impotent. = i
ITO say that a clause in the consti-
tuition does not extend to a territory,
Dlt uOeS lllulb tne power Oh congress
in. legislating for that territory, is to
draw distinction too fine to be prac-
teal.
'"The argument, much repeated,
that If the national government of the
United States has not the power to
deal With these new territories I'M
trammeled by the constitution its
power is less than that possessed by
/ the other governments OF the civilized
world. is admitted. 1t proves nothing.
!. 4 ne nallohal government OF 'ne
Uh1ted states was created ana Jus
powers ana Jurlsdlctlon granted ana
, y. ny 'ie leueial cohsti'u ,loh'
l.s powers eail ohiy DE lhcreaseu ny
ain men Oh ,.'a' Instrument.
ny pow VI w. s.".'a' so.ein
iiieiie W ae9 "''e ',i.''loiial 'sii''o..
ios,s upon nus cons ..'u''oi'a, l:o"er W
iiiaNe N'' M'i'o ~, may result w so.i-
q"ese' ana i,s i'Nc power W lii'he
| 'rea.les M w, may pfilis 'eirl.olS ny
eessio,i' ~. power 10 spNe'I s"ei az
quireu ,eril,or.es results from 'iie
power 10 ADMIT new states ana W
MAKE MAKE 'lii leeuitl fules ana fesu-
la'iohs respecting 'iie 'erri'orv on olh, !,
er properly belonging 10 ei'e 'hiteu
e'a, ,,,
Inns clause au'hor'-es congress 10
ieslsia1e III respect 10 a lerI,'ors' ~
iocal as wen as ha''onai ha',eis' pc
lore l's ADMISSION 10 s'alehooa I'D lhe
ui ..pi .,..
the mover doctrine that inc powe,
OF congress 10 :, govern lefLl'ols eened
10 'he .il'.ea States may pe cp on.
ny lorelsh sovereign ny aug
| through 'he Terms Oh 'he treaty "
cesslon, ana that me general govern
lhent can exercise powers nus grant .
ca ps loIeiSh sovereign li'oel'eliu I:
OF ana IN disregard Oh tl'e cohs'l1'l'iol
untii congress- hayhaP I'D ,he lu,"re
shall Dy lts enactment see 1it 10 extent
me cohs'l,u'loh over inc 'efrl,ofS, y
contrary 10 lhe holalng o, ,he SUI
pre1ne court OF me enlled STATES =.
the erect that inc general goVernhifh'
is one OF enumerated powers ana car
clalm ana exercise no power no
granted 10 ~ py the cohs'l'ut'on
elthef expressly or ny necessary lmPh
cation. 1T IS clear that me general gov
ernment cannot leslsla,e over TERN
tory Where ~ ,he constitution :. , IRON ron
winch lts every power is derived doe!
not extend. The constitution must b'