The Washington weekly post., 1900-11-13

the outcome Of the political nghI Vow
ls II possible that the election has dis
posed OF that issues
The Springfield Republican Is one OF a
small number Of newspapers which rec
ognIze the importance Of the pending de-
cisioa. That paper. In It's issue Of the I0th
instant. has \ long editorial on The
Elections and the Court" X says that
the first OF the cases carrying the auss-
ton Of the status Of territory recently ac-
quired fESm Spain--xhether II must be
governed under or may be governed out
side OF the Constitution--wIil be tried be-
fore the United states Supreme Court In
few days. Upon this Judgment OF the
court, Gays the Republican. much depends
respecting the future Of the eoua,ry and
its institutions.
With taste that Is at least question
able, our Springfield eontemporarysenters
into a discussion OF ''the possible effects
OF the Presidential election upon the de-
clsIon OF the case" IL says the Supreme
Court is subject to the same passions
and prejudices and feelings which move
other elements in the body polite, and II
IS not above discerning what appear TO be
the signs Of the times, and forming its
judgments accordingly"
After citing The Dred Scott and the In
come tax decisions. and incidentally re-
ferring to the greenback decisions, the
Republican adds:
What appears, thersiere, Is that the court has
been ana may be nov profoundly affected and in
husnced hy the apparent political trend Of things
or BY the Ilonounosd desires and interests Of the
more powerful classes in the State. The great case
now to be decided concerns. among other things.
the position Of our island territory in relation 70
The customs laws Of the UnIted States. II is not
for tire inteTes; Of certain powerful concerns that
this tsrin wall shall be thrown down as between
the islands ard the mainland Of the United States
and it is not generally regarded desirable that
the Islands, especially the Philippines. shall be
given a status that will make them eligible to
Statehood Now II Law and judicial interpre-
tation were clearly the side of compelling equal
rights for the Island territory under the consttu-
iion, while the American people seemed TO be In
different or in favor Of this the probable decision
OF the court could be easily predicted. But II the
people seem TO be determined to hold the islands.
while decidedly opposed to their admission under
the Constitution. then the decision of the court
becomes less easy to predict; for the United States
Supreme Court viii no; readily throw itself sthwaFt
an apparently irresistible popular current. And the
elections might appear indicate that such is the
attitude Of the American people.
This case raises. TO be sure, a purely judicial
opinion. Whei is the law of the matter, what the
Constitution! How can politics. then. have any
thing to do with the ease' But ss Prof Burgess.
OF Columbia University. recently wrote: Political
considerations do sway courts and have Influenced
the views Of the Supreme Court of the United
States. however loudly discIaimed'" +"
Nevertheless the Post remains firm in
It's belief that the court will declare that
the Constitution goes with the flag. And
then The Post expects to discover deep
disgrunuement in quarters from which
we are now hearing the claim that on the
9Th instant "the issues of the recent cam
paign were Settled right"