The National tribune., 1900-02-15

Havrer will do as thev agree TO Stack. ON
has reference only 10 the States thai consti=
| tute the Federal Union. and does not in
clude Territories: that the power of Con-
greSs with respect TO Legislation for the
| Ierr tories is plenary: that under that
| power Congress may prescribe di erent
rates of duty for Porto Rico from those pre-
Scribed for the United States Chairman
! Payne. W appears as the author of the
/ ma i rity report. points out the necessity of
preventing manufacturers Of spirits and
| tobacco in the United States from being
placed at q disadvantage. He Likewise
| points out the necessity of supplying reve-
nue. for Porto Rico.
/ Mr. Mccall is the only Republican mem
ber of the Ways and Means Committee 10
dissent from his colleagues on the Porto
| Rican bill. He says in part:
| Il do not think it material to consider
whether the Constitution prOpin rigore
extends to the Territory of Porto Rico
In my opinion the question involved is
whether Congress, i'll legsiating for that
| Territory. is bound To observe those limit
ations upon its powers which are imposed
| by the Const Ition. or neither 1t possesses
arbitrary power. excepting the power, to
establish slavery, and can govern that
| island and other Territories of the United
States subject only To its own will. II
| Congress is restrained by the limitations
of the Constitution. it cannot pass the pend
| ing bill, if. on the other hand. 1T Is not so
restrained. but has the power TO pass the
nending bill. then it follows that it also has
the power to pass eX-post facto laws, bills
of attainder. and 10 do all other acES pro-
| hibted by the Constitution, and the people
of Porto Rico are merely subjects without
! legal rights, and can only enjoy their lives
and property by the grace of Congress"
Representative Mccall then reviews the
law authorities. and says: Il 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 repeatedly
! held by cur Supreme Court that Congress
/ is bound by restrictions of the Constitution
| in dealing with Territories.
| The minority report is signed by all the
| Democratic members Of the Ways and
| Means Committee. and Representative
Newlands. the Silver member Of that Com
mittee. II says i'll part:
| The bill raises two questions which
must be considered and determined. First.
| the right or power under our written Con
| stituton to enact the measure; second,
| whether. if we have the power, should
Congress eye else it in the manner pro-
vided in the bill Proceeding, the report
SAYS:
'[f the position taken by the majority
| of the Committee III recommending the
passage of the bill be the correct one and
| Congress has the power to govern terri
| tory of the United States Independent of
the limitations of the Constitution. IT
must follow that Congress is not restrained
! by that instrument from passing laws
| imposing customs duties on the minerals
and ores of the Territories of Arizona and
| New Mexico. the f,Irs and fish Of Alaska,
the lumber of Oklahoma, and of all other
| products Of those Territories when imported
| into any of the States Of the Union, and
also upon all importations OF products OF
every kind into the Territories from the
| States, or any one of them. The power
| to pass such laws was never before claimed
| in our land
After calling attention to the President 8
recent recommendation for the abolition
Of all customs duties between Porto Rico
/ and the United States and the report of the
Secretary of War to the same effect. the
report concludes as follows:
| I'VE do not know why these sudden
changes have occurred. We cannot be
lieve that the President has been converted
from the opinion he so lately expressed.
1 or that he now admits the uuwlSdom Of the
solemn advice he so recently gave to Con-
gress. We are not advised that his opinion
was hastily formed and that he had not
maturely considered the subject upon which
he was advising us.
I'VE do not believe the people Of this
/ land, ardently attached as they are to
our free institutions, can be brought to
favor policy which oppresses the inhabt-
ants of territory owned by the United
State anywhere. and over which the flag
of the Republic floats, even il such a policy
citizens of the Union. We eprotest earnestly
against the adoption OF IA robber policy.
which makes this Republic take the place
of the ruthless monarchy, Spain, in de-
hspoiling Porto Rico, now a portion of the
United States"
Neither Senate nor House did other than
routine business on Feb. ., adjourning
early To attend the Lawton obsequies.
l.. On Friday night, however there was a
large attendance at the House for pension
legislation. and Mr. Talbert. who wanted
to speak, was made apparently furious be-
cause Speaker Henderson would not recog-
niZe him when the first pension bill was
called up. The Speaker put the usual
question preceding the passage of bill.
Great confusion followed. Mr. TaIbert,s
voice could be heard shouting: 'Mr. Chair.
man. Mr.. Chairman but the Chairman
so far as Mr. Talbert wa, conc erned was
deaf. Leaving his seat, Mr.. Ialbert walked
down the center aisle, still shouting, "Mr
Chairman" until he stood in front of the
Speakers desk.
- demand 10 be heard" exclaimed Mr..
Talbert 81 want TO make some remarks on
this BILL" he shouted.
Finally Mr.. Talbert was recognized and
ne addressed the House He said the fact
that quorum was present vindicated his
course in demanding quorum at the Fri
day night session. There was no feeling
of hostility on his part toward the old
soldier. His opposition. he said, was di-
rected at the loose, unconstitutional methods
which prevail at Friday night sessions
His record, he said, showed that he always
voted TO go into Committee of the Whole,
and never opposed meritorious pension
bills"
Thirty four bills were passed.
In the Senate on Saturday, Feb. 10, the
financial bill was discussed