The Topeka state journal., 1900-02-08
DEFIES THE LASH.
Congressman Mccall, of Massa'
chusetts, Is a Dissenter.
Submits Report of His Own on
Porto Rican Bill. =

Washington, Feb. 8.-The reports on
the bill framed by the ways and means
committee imposing duties equivalent
to 25 per cent of the American tariff on
goods imported into Porto Rico from
the United States and vice versa were
submitted to the house today. The Re
publicans of the committee except Mr..
Mccall (AIass.) agreed to report in sup
port of the bill, devoting a considerable
portion of their argument to sustaining
the contention that the clause of the
constitution declaring that sall duties,
imposts and excises shall be uniform
throughout the United States,' is not
applicable to our new possessions, which
they say are not United States territory
within the meaning of that declaration
The Democrats together with Mr..
NeWlandS (Nev.) took the contrary
view. Mr.. Mccall, dissenting RepubIi-
can practically holds with them. He
made a separate report saying he can
not support the bill, because it does
not follow the rule Of uniformity pre-
scribed by the constitutions rule
which in my opinion governs congress
in legislation for the territories of the
United States"
INGALLS, REPORT.
Mr.. Mccall is unsparing in his de-
nunciation of the policy to which the
bill will commit the government.
He says in part:
1.-THE pending bill is in my judgment
is a well considered measure from a
fiscal standpoint and is likely to pro
duce a sufficient revenue. I am unable
to give it my support because it does
not follow the rule of uniformity pre-
scribed by the constitutions rule
which in my opinion governs congress
IN leglslating for the territories of the
United States. l do not think it ma
teTial to consider whether the conStitu-
tiOn propria vigore extends to the terri
tory of Porto Rico. In my opinion the
question involved is whether congress
in 1egislating for that territory is bound
TO observe these limitations upon its
powers which are imposed by the con-
stitution, or whther it possess arbitrary
power excepting the power to establish
slavery. and can govern that island and
other territories of the United States
subject only to it's own will. If congress
is restrained by the limitations of the
constitution it cannot pass the pending
bill II on the other hand, it is not so
restrained, but has the power to pass
the pending bill, then it follows that it
also has the power to pass ex post facto
laws, bills of attainder, and to do all
other acts prohibited by the constitu-
t1on and the people of Porto Rico are
merely subjects without legal rights
and can only enjoy their lives and pro-
Derty by the grace of congress.
Believing that this assertion of des-
potic power is contrary to the life and
spirit of our institutions, 1 am compell-
ed to dissent from the recommendation
of my colleagues that the bill be pass
ed
Mr.. Mccall then reviews the law au-
thorities, and says:
II am unable to find any support in
judicial decisions for the doctrine that
| the inhabitants of territories have no
constitutional rights, but exist only by
the will of congress.
"On the other hand it has been re-
| peatedly held by our supreme court that
congress is bound by restrictions of the
constitution in dealing with territories" Z"
Mr.. Mccall concludes as follows:
4 recognize our full duty to do our
utmost to secure the welfare and happi-
ness of the people of our new possess
sions. But I regard it as a most in
auspicious omen that our first legisla-
tive act should be framed on the theory
/ that freedom does not follow the flag.
Is it not clear that at the outset you
are paving the way for a more hideous
extortion and robbery than ever dis
I graced India?"
THE MINORITY REPORT.
The minority report is signed by all
j the Democratic members of the ways
and means committee and Representa-
/ tive Newlands. the silver member of
/ that committee. 1t says in part:
.SThe undersigned members of the
committee are unable to agree with the
! conclusions of the committee in respect
to the bill reported to regulate the trade
of Puerto Rico and for other purposes,
and respectfully submit our views as
! follows:
'sThe bill raises two questions which
must be considered and determined.
! Il. The right or power under our
written constitution to enact the meas
ure.
] 49, Whether if we have the power,
should congress exercise it in the man
ner provided in the bill
1.-The bill is framed upon the idea and
the assumption that congress enters
upon the government of Puerto Rico
unrestrained by the provisions of the
| constitution"
/ The report then takes up the consti-
| tutional provision that all duties, ETC.,
4 shall be uniform throughout the Uni
ted States and presents the law de-
cisions that the term United States"
has universal application to territory
held. This branch of the subject has
previously been covered in special
! report.
Proceeding the report says:
| ''If the position taken by the majority
| of the committee in recommending the
passage of the bill be the correct one
and congress has the power to govern
territory of the United States indie
pendent of the limitations of the consti-
tuition it must follow that congress is
not restrained by that instrument from
passing laws imposing customs duties
| on the minerals and ores of the terri
| tories of Arizona and New Mexico, the
| furs and fish of Alaska. the lumber Of
/ Oklahoma, and of all other products of
| these territories when imported into
| any of the states of the Union and also
| upon all products of any kind into the
territories from the states. or any one
| of them. The power to pass sucn laws
| was never before claimed in our land.
1T is wholly inconsistent with the
| theory and form of our government
| The exercise of such power is pure and
| simple imperialism and against it we
| enter our most solemn protest. We new
! er have held and can't hold territory as
a political dependency and subject to
unequal taxation.
Our union is one of states with
common interest and a common desti-
ny.
1.-THE blessings of free government
| rest alike upon all our people whether
| in the 13 original states, or in the
| youngest member of the Union or in
| the newest acquired territory. 1t does
| not matter in which form territory is
! ....c...5,...l Il Is to he Lall 1.rada..