Middlebury register. (Middlebury, Vt.) 1886-1937, 1900-05-11
FOLLOWS THE FLAG.
THE CONSTITUTION COVERS THE
ISLAND OF PORTO RICO.


Federal Judge William L"chren 80 DE
eide. in a Decision Handed Down at Il
49,, ,..,, .,. n,.,,,...
court "''" III 81 '""'' "'""'
ST. Paul. Mimi Nav 7.-,Iudge Lnch-
rem today hlci i'm the United States dis
trict court nj. doci-iunS on the applics-
tion of Rafael Ortiz. "A Porto Rican. to be
released from the Minnesota state
prison
ORTIZ wa convicted bV military trih-
uuh in Porto RIco for The murder OF
United states ~oldirr aud condemned 20
die. The sentences was cpmmutcd To life
imp'iSoumtut
The application for release was based
or the Cl i'm Nt tN' mlIi arV authorities
had no jurisdiction over pritT: hat peace
had been declared aud thlt hr should
lave.a civil trial
.Tudrp l.loLr.r refused the application
IN. Am or..I decision Thursday la,t and to-
d4, filed ,n xhau,tivp opiuinu thereon.
The decision has @ .pGod great interest
throughout the country. "a, If bear, large
X on tnr position rf Porto Rico a~ "A ter
ritnrv of the limited States. The decision
states. .Our y neral government was
fnun.lnd nv the mon of thp Il, volution who
had rpbcupd against the arbitrary nnwor
assorted nv Great Rrithin 10 govern her
outlyinp COLONIES at the will of her par
Lament They established this govern
mont unon the asserted theory that MI
iust uowprs of government come from
fhe consent of rho governed. II will be.
indeed. marvellous. if It's made 10 auppar
that these men who then founded our
national Government so construc-pd il
that If !. ranabIp of rulinu with unlimited
mower subi.ct ppoplp who have neither
Guarantees To prntecr them nor any voice
in the Governments This i foreign ahso-
luti.un .hn worst form nf tyranny
If the constitution does not extend 10
Porto Hiroand our other new arnuisiIions
of territory. congres, has the unrram-
mpted. absolute mower TO establish sub
iect Government or make vs. for such
territories: If has the mower to establish
depcndent monarchics or ,atrapics. state
religions and even slavery. The arpu
ment of one of the senators thai the last
clause of the 18Th amendment prevents
the establishment there of slavery. is OBJ
viouslv lame and impotept. for il the con-
stitution does NOT extend to those na,ts of
the domain of the United States TO limit
congress i'm its powers of legislation over
them. bv what process will this single
clause Of an amendment Of rhe inStru-
ment detach itself from the skin of the
parchment and alone tasten Itself upon
these new territories. fit heconsidered
that this clause of the thirteenth amend
ment .ex propria yigorc' extend 10 these
new territories. or limits the powers of
congress respecting them, every clause
of that instrument. for the like reason. :
equally potent. TO say that clause in
the constitution does NOT extend 10 a ter
yrpss i'm lpqislating for the territory is to
draw distinction too fiue to be practical.
.Thp novel doctrine thar the mower of
congress TO govern territory ceded TO the
United States NAV be conferred hv for.
eiOn sovereiyn. hv and throuOh the terms
of the treaty of ccsslon. and that the gen.
Ieral government can exercise powers thu.
granted hv foreign sovereign indcuend
Ipnt of and in disregard of the constitution
until cong eSs. mavhap i'm the future
shall nv its enactment see fit 70 extenc
me constitution over the territory. j.
contrary 70 the holding of the supreme
court of the United states
"The constitution must hc i'm force over
y territory before the general Government
can have authority 70 legislate respccting
il. No foreign sovereign can invest IN,
J general government with any legislatiy,
hover"
Numerous decisions are cited in summon
| of his opiniou. and he continues:
.It must ne held that unon the ccssioI
by Spain to the United States of the is
land of Pnrtn Pico that island hecame ,
pa VI ~ ""''i'"''" ~ '''' t,'' IL. ''i.
and thot rho coustitutiou of tho Tnite,
States ,ex nronri, ,,igore .at onroavtnnd
od ovor tha, iIIand and that tbis evtnn