The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1900-05-08
IMPORTANT
Decis ON Handed Down by Judge
LOchrins.

ST. PAUL, May S.-Judge Lochrin
today filed in the United States cir.
cult his decision on the application Of
Rafael Ortiz, a Puerto Rican, to be
released from the Minnesota state
prison.
Ortiz was convicted by a military
tribunal in Puerto Rico for the muir
der of a United States soldier and con-
demned to die. The sentence was com
muted to life Imprisonment.
The application for release was
based on the claim that the military
authorities had no jurisdiction over
Ortiz; that peace vas declared and
that he should have had a civil trial.
Judge Lochrin refused the %applica>
ton in an oral decision Thursday last
and today filed an exhaustive opinion
thereon.
The decision has evoked great in
terest throughout the country, as it
bears largely on constitutional ques-
tions which have arisen in the posi-
ton of Puerto Rico as a territory of
the United States.
The decision states:
"Our general government was found
ed by men of the revolution who had
rebelled against the arbitrary power
asserted by Great Britain to govern
her outlying sections. They estab-
lished this government upon the as
serted theory that all just powers of
government commission from the con
sent of the governed. They founded, as
described by President Lincoln in Ian.
guage not yet forgotten, "a govern,
ment of the people by the people, for
the people, 1t will be indeed marvellous
if it is made to appear that these men
who then founded our national govern
ment so constructed that it is capable
of ruling with unlimited power a sub
ject people who have neither guaran-
tees to protect them nor any voice in
the government. This is foreign alb
solutism-the worst form of tyranny.
IF the constitution does not extend
to Puerto Rico and our new acquisi-
tons of territory, congress has the UNI
trammelled absolute power to estab-
lish subject governments or make laws
for such territories; it has the power
to establish dependent monarchies, or
satrapies, state religions, and even
slavery. The argument of n Of the
senators referred to that the last
clause of the 18th amendment pre-
vents the establishment there of
slavery is obviously lame and impot-
emit, for if the constitution does not ex-
tend to these parts of the domain of
the United States, nor limit congress
in its powers of legislation over them,
by what process will this simple clause
of an an amendment of that instru-
ment detach itself from the skin of the
parchment? If it be considered thai
this clause of the 18th amendment,
Eek propria vigore' extends to these
new territories, or limits the powers
of congress respecting them, every
clause of that instrument for the like
reason, is equally potent. To say that
a clause in the constitution does not
extend to a territory but does limit the
power of congress in legislating for
that territory is to draw a distinction
too fine to be practical.
The argument, much repeated, that
in the national government of the Uni
ted States, has not the power to deaI
with these new territories untram-
melled by the constitution, its power is
less than that possessed by the other
governments of the civilized world, Is
admitted. 1t proves nothing. The ma.
tional government of the United Sta
ties is one of very limited powers. IN re-
spect to it's own people, in it's entire
domain, and generally except in re
spect to its power TO deal with foreign
nations, and concerning matters ex'
pressly committed to it by the consti
tuition, it's powers are much less thar
that possessed by other governments
No one will dispute this.
'NThe national government OF thu
United States was created and III
powers and jurisdiction granted an
limited by the federal constitution. IT
powers can only be increased b!
4 amendment OF that instrument.
, "The power of the general govern
4 ment t acquire additional t%erritor,
: rests upon it's constitutional power L
= make war, which may result In con