The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-05-11
DECISION
IS BOTHERSOME.
Administration Expected to
Stave it off Till After Election.
1T Is NOW IN THE WAY.
Only Ofcial Declaration That tho Con-
stitution Extends to Porto Rico
Will Make the Tarif Measure
Blank.
Especial Correspondence

Will make the IarlH measure
a Blank.
Especial Correspondence
Washington, May 9.-Although they
are keeping a stiff upper lip and trying
to look pleasant, II Is clear that the
members Of the administration are
stunned by the decision of Judge Loch-
rem, that the constitution does extend.
ex proprio vigore, to the annexed terri
tory. The ability, the judicial stand
ing and the hight character Judge
Lochren of Minnesota, give his decision
in the Porto Rican case more i'm
portance than it would command IL it
had come from almost any other Judge.
He is highly respected by the judicial
colony in Washington, and his opinions
carry weight. He was commissioner of
pensions during the second term of
President Cleveland, who appointed him
to the bench. Judge Lochren is a gold
Democrat by classification, but a Re-
publican in principles. He is an ex-
pansionist, indorses the policy of Presi-
dent Mckinley and voted for him in
1896 That he should render such a de-
cision shows that the judiciary Of the
country is likely to agree with the first
and honest opinion of Law officer
Magoon Of the war department, rather
than with the second, made-to-order
opinion Of that gentleman.
The blow is particularly stunning be-
cause it was hoped by the administra-
ton that a court decision on this
question could be STAYED Off until after
the election. Despite the cry to pass
the Porto Rican bill in order that
test case could be submitted to the su-
preme court, Attorney-General Griggs
Is doing his utmost to prevent such
submission before the court adjourns
for the summer, as it probably will in
two or three weeks. In the lower
courts, a similar determination is evil
dent. In New York, where Jorge Cruz,
of Porto Rico, was stopped by the i'm
migration officers as contract
laborer, he was released as soon as the
wires could carry the news to Wash
ington. When he brought suit for
false imprisonment, the government
sought delay by means of irrele-
vent pleas instead of trying the case at
| once. The case of Baez, which the
supreme court recently dismissed as a
technicality, is another case in point.
In the hope of breaking the force of
Judge Lochren's decision, Attorney
General Griggs declares that the part
of the opinion relative to the extension
| of the constitution over Porto Rico
| was not a necessary part Of the de-
cision. Judge Lochren's announce
| ment," said Mr.. Griggs, today, 'is moth
ing but dictum which has no weight,
as it does not relate to the case under
| discussion. The question at issue in
| that case was whether a state of war
existed and whether q military tribunal
| had the right to try for the crime of
murder. Judge Lochren decided that
a state of war did exist and that the
| military court had jurisdiction. We
| did not even argue the question of the
| extension of the constitution, but dis
missed it as irrevelant and immateri-
al"
1t will be remembered that the decis-
ion of the supreme court rendered in
the Fred Scott case that the Missouri
compromise was unconstitutional, was
| also a "dictum" not necessary to the
| case at issue. Even If Judge LoChren's
| decision is merely "dictum," il Is
| of great Importance as the first judicial
| ruling on the point at issue since the
| acquisition of Porto Rico and the Phil
ippines. Any other opinion would be in
conflict with principles enunciated in
| supreme court rulings and no doubt
the higher courts will fully sustain
Judge Lochren, who is jurist of
ability, in holding that the constitution
of the United States is necessarily CO.
extensive with the severe gnty of the
nation.
Judge Lochren's opinion is not de-
| cisive, however as to the right of con-
gress to levy one rate Of duty in terri
tories and another ia the states COM
prising the federal Union. In all pro-
liability the courts will rule, as they
have ruled in the past, that rates of
duty must be Uniform, o,t only
throughout the states bur also through
out the territories to light is thrown
on this particular phase of the question:
by Judge Lochren's decision. But the
decision effectually 1emOishes the no
tion that congress In 1egislating for
territories, is possessed of absolute
powers, as is contended by the imperi-
alists.
The greatest importance of the decis-
ion, however, is that 1t sheds imme-
diate light on a crucial question which
the slippery administration is trying to
! obscure until II is too late for the
people to exact the penalty for its mis-
| takes.