The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-05-08
The LOchren Decision.

The LOchren Decision.
Judge Lochren, Of the United 5tates
District Court for Minnesota, has filed lis
decision in the Ortiz case, and we
are free to admit that il is not an
available campaign document for Repub-
lican use between now and November.
The other day Attorney General Griggs
was reported as being anxious to get the
full text Of this painful opinion. Now he
has if, and a chance to become as great If
not as rich 4 man as Hanna, in case he
can find or make a practicable breach in
it. Probably he will save midnight oil
and not try, since the decision on,y
reaffirms essentially what all the great
American jurists have said over and over
again since Chief Justice Marshall read
the decision of the Supreme Court in the
Loughborough case. in 1920 Judge Loeb
rem only adds to the literature of the sub
iect in applying the settled principles and
preeepts Of our Jurisprudence to a con-
crete case Immediately involving the po-
litlcal status of our new insular posses
siOns: but he does this clearly and so con-
vincingl. that his decision will be univer-
the tribunal Of las resort is bound to
stand by whenever l. is permitted an op-
portunity. We commend the following
passage to Messrs. Mckinley. Payne. and
Foraker:
III the Constitution does not extend to Porto
Rico and our other new ACQUISITIONS OF territory
Congress has the untrammeied absolute power 20
establish subject governments OF make laws for
such territories: it has the power TO establish
dependent monarchies or SatrapieS. state religions
and even slavery. The argument Of one OF the
senators referred to. that the last clause Of the
Thirteenth Amendment prevents the establishment
there OF slavery. Is obviously lame and impOtent.
for II the Constitution does not extend 10 those
parts OF the jonah Of the United States. nor
limit Congr - in its powers Of legislation over
them, by vi at process viii this single clause Of
amendment Of that instrument dctach itself from
the skin Of the parchment and alone fasten itself
upon these new territories? II it be considered
that tins clause OF the Thirteenth Amendment 'eX
proprio vigore' extends TO these new territories
limits the powers Of Congress respecting them,
every clause OF that instrument for the like
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 the territory, Is 10 draw distinction too hnc
TO be practical"
During the recent debates on the Payne
Foraker bill it was our privilege frequent
ly to remind the representatives of the Ad-
ministration and the trusts in the two
Houses that Congress. being a creature of
the Constitution could be potent to legis-
late only under the authority OF that in
strument. and must be powerless where it
did not operate as the basic law. Judge
Lochren evidently agrees with that view
as the subjoined will show:
The argument much repeated, that il the Va
tlOnal Government OF the United States has moi
The power to deal with these new territories IN
trammelpd hV fuff ifc -
than that Possessed by the other governments of
the civilized world. is admitted IL proves moth
ing The National Government Of the United
states E-oRe Of very limited powers In respect
10 IT'S own people, in its entire domain and
generally, except in respect to its power TO deal
with foreign nations and concerning matters ey-
pressiy committed 20 il by the Constitution its
powers are much less than that possessed by other
governments No will dispute this
The National Government OF The United States
was created and its powers and jurisdiction grant
ed and limited by the Federal Constitution Its
powers can only be increased by amendment Of
that instrument
The power OF the General Government 10 ac-
quire additional territory rests upon its const-
tutional power 70 make war, which may result in
conquest, and its like power 10 make treaties
which may bring territory by cession The power
TO govern such acquired territories results from
the power 20 admit States and 20 make an
needtll rules and regulations respecting the ter
ItoEy or other property belonging to the United
States"
1t is matter for congratulation that in
demolishing the insincere and perhdious
contentious set up by. the Administration
for the benefit of the trusts and in antago-
nism 10 its own weIl-known convictions.
Judge Lochren has not forgotten to dis
pose of a most impudent attempt to as
sassinate American institutions through
q the pretended power II treaty stipulatious
TO override the provisions and prohibitions
OF the Constitution. lie says:
The novel doctrine that the power Of Congress
TO govern territory coded to the United SIa.es
may be confessed by foreign sovereign. by and
through the terms OF a ATTY of cession and that
the General Government eau exercise powers thus
granted by foreign sovereign independent of and
in disregard of the Constitution until Congress
mayhap in the future. shall By its enactment see
ft 10 extend the Constitution over the terrffory
Is contrary to the holding OF the supreme Court
Of the United States, TO the effect shat The Cen
eT2i Government IS one Of enumerated pOwers and
claim and exercise power not granted 10
II by the Constitution, either expressly or
by necessary implication. Ii is clear that the
General Government cannot legislate over terri
tory where the Constitution from which its every
power is derived does extend. The Constitli-
tion must be in force a territory before the
General Government can have any authority to
legisate respecting it, No foreign sovereign can
invest the General Government with any lesis-
lative power
The remainder OF the decision is already
familiar to readers OF The Times Its Ian
guage is ali but identical with that Of the
first and second Magoon opinions upon
which Mr.. Mckinley formed his plain
duty conscience. only stuitifed after the
visit Of the trust magnates to Washington
In the first week Of February last past
The ex proprio vigore paragraph reads:
lit must be held that upon the cessioE bv Snain
20 the United States Of the island of Porto Rico
that island became part Of the dominion OF the
tnited States. much is Arizona or Mime
sofa. and that the Constitution Of the United
States. ex proprio yigore. at once extended over
that isiand: and that this extension OF the Con.
stitufion gave Congress, whose every power mast
come from that instrument. the authority TO Ieg-
isiate in respect TO that island as 4 part of the
United States territOry.%
As long as the decision Of the Federal
District Court for Minnesota stands unre
yersed. its effec: is to hold unconstitutional
the act which imposes customs tax upon
the domestic trade Of Porto Rico and all
American islands. with other parts OF the
United States. In the case OF Porto Rico
we shall expect to see duties regularly paid