The Courier. (Genoa, Nev.) 1899-1904, 1900-03-02
Application OF Constitution to Terri
tories.

The readers Of the Journal were in
formed through a dispatch published
yesterday that the tariff bill introduced
t. apply to Porto Rico would not pass
the house. Constitutional grounds
were given as the cause for its insured
defeat.
The minority in Congress have made
vigorous opposition to the unconsti-
tational bill. A number of Republi-
cans sufficient to defeat it, who regard
country above party or the wishes of
the President and other imperialists,
have resolved to vote against the bill
which is assuring at least for the pres
ent that the republic in some matters
has "A majority Of friends in the House
of Representatives.
Yesterday mornings mail brought to
the Journm copy of the protest made
by Hon. Francis G. Newlands, as a
member of the Committee on Ways
and Means, against the passage of the
bill, from which committee the bill
was reported.
Mr.. Newlands' protest went to the
House in the form of a minority re-
port from the committee which was
made on constitutional grounds. The
report at the time it was submitted
made an impression and caused much
comment and discussion.
1t contains an able statement of the
reasons upon constitutional grounds
given by our Representative against
the passage of the bill. II is flattering
to Nevada to say the least that should
be said about the position of our Con-
gresham to have a minority report
sustained by an opposition House. 1t
is more than a compliment to his gen
eral ability, as it is an acknowledge
ment Of his ability as constitutional
lawyer and statesman.
We make some extracts from the re-
port to give an idea of the grounds
taken to support the position taken by
Mr.. Newlands in opposition to the ma
jority report of the committee.
"The purpose of the inquiry is to as
certain the status of Porto Rico and
the Philippine Islands in their relation
To the Government of the United
States.
"1he government Of these insular
possessions, outside of the temporary
military government at present main
tanned and conducted by the President
as Commander and Chief of the Army,
must be framed by Congress of the
United States, and the question is
whether the Congress has a free hand
in all legislation relating to such islands
and can exercise, without limit, all the
powers of sovereignty, or whether the
constitutional limitations and prohi-
billions apply to such legislation to the
same extent that they do to Federal
legislation operative within the area
of the States composing the Union"
The extract above given contains
statement of the purpose sought by
Congress respecting its duty, as out
lined in the constitution, to outlying
territory lately acquired by the United
States, and as logical sequence all
else said would be to ascertain the ex-
tent and limit of the power of Con-
gress over such territory.
The whole history and purpose of
framing the constitution, when APP
piled in government to States and ter
ritory acquired, is included in the fol-
lowing extract. Upon a re-examina-
ton of the extract we learn that we
have stated fact that is contained in
it respecting the purpose and applica-
ton of the constitution in the particu
lar mentioned:
'sThe entire history of the framing
of the constitution indicates that the
purpose of its makers was to organize
union of States; to permit the adj
mission of States, and TO permit the
acquisition of territory for the purpose
of organizing new States, and that over
the entire country, both the States and
the infant States, the constitution was
to be the organic law, the character OF
their liberties governing and controll-
ing the action of the federal govern
ment."
We will present another quotation
that excludes the idea of imperialism
as sought to be applied to our newly
acquired territory:
''1'he powers of Congress then, as
created in the constitution, must be
viewed in the light of the Declaration
OF Independence and the principles
for which the war of independence was
fought, and it is impossible to believe
that any limitations put upon the leg
islative power, otherwise despotic, in
favor of individual rights, individual
liberties and individual lives, and for
the purpose of securing equality of