The Grit-advocate., 1900-05-11
AN IMPORTANT DECISION.
Judge LOchren Holds That the Constitu.
tion Extends Over Puerto Rico.


St Paul, Mimi. May S.-Judge Loeb
rem to-day filed in the United States
Circuit Court his decision on the ap-
plication of Rafael Ortiz, Puerto
Rican. to be- released from the Mime
sofa state prison. Ortiz was convicted
by Il military tribunal in Puerto Rico
for the murder of a United States sol
dier. and condemned to die. The sell
tence was commuted to life imprison,
ment The application for release was
based on the claim that the military
authorities had no jurisdiction over Or
tZ; that peace had been declared and
that he should have had a civil trial.
Judge l.ochrcn refused the applicl'
ton in an oral decision Thursday last
and to-day filed an exhaustive opinion
thereon. The decision has evoked
great interest throughout the country
as it bears largely on constitutional
questions of Puerto Rico as n territory
of the United States. The decision
states:
Our general government was
founded by the men of the revolution
who had rcbelled against the arbitrary
power asserted by Great Britain &c
govern her outlying colonies at the will
of per Parliament. They established
this government on the asserted theory
that all just powers of government
come from the consent of the govern
ed. They founded. as described by
President Lincoln iii language not ye,
forgotten. A government of the peo
pie. by the people, for the people
''The national government of the
United StaeS was created and its pow
ers and jurisdiction granted and limit
ed by the federal constitution. Its
powers can only be increased by
amendment of that instrument.
1.-The power of the general govern
ment to acquire additional territory
rests upon its constitutional power tC
make war. which may result in con
quest. and its like power to make trea
ties. which may bring new territory by
ceSsion. The power to govern such ac
QUESTION territories results from theil
power to admit states and to make al
needful rules and regulations respect
ing the territory or other property be
longing 10 the United States.
This clause authorizes Congress t(
legislate in respect to Il territory il
local as well as national matters. be
fore its admission to statehood in tlI'
Union.
"Thc novel doctrine that the power
of Congress to govern territory cede(
to the United States may be conferred
by Il foreign sovereign by and through
the terms of the treaty of cesSion. anC
that the general government can eXer
else powers thus granted by Il foreigl
sovereign Independent of and in disre
gard of the constitution until Congress
mayhap in the future. shall by its en-
actment see fit to extend the cOnStitu
ton over the territory. is contrary tI
the holding of the Supreme Court OF
the United States. to the effect that
the general government is one of the
enumerated powers and can claim and
exercise no power not granted to it by
the constitution. either expressly or by
necessary implication. Ii is clear that
the general government cannot legiS
late over territory where the cOnStitu
tion from which its every power is de.
rived does not extend.
'Irhc constitution must be in force
over Il territory before the general gov
ernment can have any authority to
legiSlHte respecting it. No foreign SOY.
ercign can invest the general govern
ment with any Legislative power
Numerous decisions are cited in sup,
port Of this opinion, and he contin-
upS:
at must be held that upon the ccS-
sion by Spain to the United States of
the island of Puerto Rico. that island
became n part of the dominion of the
United States. rs much IS is Arizona
or Minnesota. and that the constitution
of the United States. cX propria vigore,
at once extended over that island, and
that this extension of the constitution
uaNn CnnnrnSS whose nYnrY nnWnr