The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-11-23
A DEMOCRATIC REPUTATION.

Z Hawaii ~ TWO or inc newly aIl'iHN'u
/ Judges ancnt the Const tuition and Flag
warrants this extract from the New
I York Tribune about "A Democratic ad-
/ Indication uf the case OF Porto Rlchn
/ who demanded citizenship. II VIII be
| noticed that the judgment ~ the Dem.
ocratlc Supreme Judge OF New York
who heard the pleadings differs uia-
metrlcally from the decision OF the Bal
timore Registration Board ana the
position taken and quoted In Hawaii
Of the Baltimore lawyer, MIR Straus
Says the Tribune:
MIR Justice Freedman in the Supreme
Court Monday handed down decision
refusing a peremptory writ OF manda-
mus directing the registration OF Frank
Juarbe, a Porto Rican. The applica-
ton for a writ was opposed by Cor
poration Counsel Whalen, who main
tanned that Juarbe had no right to
vote, as the question of the political
status of Porto Ricans had been left
by the treaty with Spain to Congress,
which had not yet admitted them to
citizenship. Justice Freedman upheld
that view.
Thus is the doctrine OF the Kansas
follows the nag" that it extends ex
proprio vigore to new territory ana
automatically confers on them the
rights of American citizens, repudiated
by Democratic Corporation Counsel
and a Democratic Justice of the SUI
preme Court. The Interpretation of tho
Constitution by lawyers or judge is In
evitnbly affected by his political theo'
rics The men trained In the State
rights school of John Randolph aud
John c. Calhoun when they were
placed on the bench of the United
States Supreme Court naturally gave
turn to its decisions differing decidedly
from those OF Chief Justice Marshall
and their Federalst predecessors.
Therefore it might have been expected
that when the registry officers asked
the official advice of Corporation Coun-
sci Whalen about registering a Porto |
Rican he would have told them that |
the man was n citizen of the United |
States under the Constitution, and on
titled to vote, If he himself IA a law
yer thought the constitutional law of
the Kansas City platform sound. Ger
tainly in that case. even If he did not |
feel like advising the officers to register |
the man without warranty from
court. he would have followed his con
victions in presenting the question to
the Judge and have done his beS: to
give the Porto Rican his rights as II
free man, of which the Democratic
platform complains the Republicans
are seeking to deprive him in violation
II the Constitution.
Justice Freedman also would most
assuredly have refused to sanction So
gross n violation of the Contituiion
when 1t was in his power to prevent It,
II he really believed the Constitution
was being violated He and the Cor
poration Counsel are both faithful
Democrats. Mr.. Whalen is supporting
Mr.. Bryan. and we suppose Justice
Freedman will also vote the Demo-
cratic ticket. But evidently their pol!t-
cal affiliations have not involved their
of the Democratic plat
form. Imperialism and the outcry over
rule of dependencies outside the Con-
'titution" IL clearly regarded by them
AZ mere campaign buncombe. Polit-
ical speakers may shout that the Con-
stitution follows the flag" and proclaim
the rights of our Porto Rican fellow
but as lawyer and judge
these good Democrats are not to be
fooled by any such claptrap. They
<now well enough that Porto Rico Is
errtory of the United States to be
lealt with by Congress in it's discre-
ion. unhampercd by the specific pro-
'lsions of the Constitution. 1t was in
he power of Justice Freedman to have
aid fhnt pnrfn |
tizen on the ratification of the Treaty
Il Paris and entitled to the rights and
privileges of every other citizen under
he Constitution, and therefore must be
registered. He would have done 1t II
le had believed In the Calhoun Bryan
heory of the antl-imperialists.
Such n decision would not have get
led the question finally. The Supreme
'ourt of the United States will define
he constitutional status OF new ter
tory, and Its view viii control. Mean a
lille judges can only follow their own
onviCtiOns. We believe some inferior I
ourts in the South have not unnatur- q
lily accepted the constitutional law
reclaimed by their party and allowed q
he names of Porto Ricans to be put I
II the voting list But the Democratic q
latform is not regarded as good law
y Democratic officials here. Its valid
y was squarely before Justice Freed h
IAN, and he refused to hold that the a
constitution followed the flag and save n
ne Porto Rican rights Of American r
tizenship. II he Is correct, and the y
secretion rests with Congress To give =
: withhold civll and political rights {
Zen the legislation for Porto Rico vas z
OF unconstitutional. the Republican Y
lrty has acted toward new territories a
: It had right To do In refusing to G
corporate them into IN" United b
tatys, and the whole Democratic con- n
'ntion falls to the ground, Thus loes 4
he common sense OF Democratic u
Idge, seriously administering the law, c
uncture the inflated balloon of Demo-
ratic buster for political effect.