The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-03

not the committee Will take Dack seat iOr
Mr.. Hanna's national committee or do
business Independently. A hard fight to re-
tain a majority in the Fifty-seventh Con-
gress is anticipated. and IL is the judgment
of many of the veterans that a committee
having special jurisdiction should devote
its undivided attention to the congress
sional elections. If this view prevails the
two committees will run separate and dis
ltinct campaigns. one TO elect a President
and the other TO elect Republican repre-
sentatives
Representative Faris will leave for home
tomorrow and will spend little time fix
ing his political fences. Opposition TO his
denomination has been uncovered and Mr..
Faris is deslrous of ascertaining what he
has to fear and the precise conditions he
will have to meet. He has only heard Of
three active candidates in the field against
him-R. II. Catlin, of Vigo. Judge Silas ID.
Coffey, of Clay, and Silas Hay, of Putnam.
He will also take the trouble TO find out IL
there is sinister meaning to the election
of d. V. Miller as district chairman in the
place of his old friend Higgins.
ss
Representative Overstreet has secured
the appointment of Henry Shelke, of In
dianapolis. to position in the Pension Of
flee at Indianapolis under Pension Agent
Leighty. Mr.. Shelke passed a civil-service
examination for government employment.
but there were several others beside him
in Indiana who were the eligible list.
AT a special meeting of the ways and
means committee to-day il was decided to
report a bill establishing a tariff system
for Porto Rico on a basis of Is per cent.
of the rates in the regular tariff law. Re-
ports also were received from the SUBJ
committee which has considered to what
extent the term United States, as used in
the Constitution. relates to the outlying
| territory recently acquired by this country.
A majority of the subcommittee. compris-
ing the Republican members, reported in
substance that Congress has practically un-
limited power in dealing with these ter
ritories. The minority. comprising MIR.
Richardson, Democrat. and Newlands. sill
yer, held in substance that all constitu-
| tional restrictions extend to the newly ac-
| quired territory. and that the powers of
Congress are thereby limited.
| The majority report by Messrs Dalzell.
| Hopkins and Grosvenor follows: "Your
| committee is of opinion:
"First-That the term United States in
| that provision of the Constitution which
declares that all duties, imposts and ex-
| cises shall be uniform throughout the
| United States means and Is confined to the
| States that constitute the federal Union.
and does not cover also The territory be-
| longing to the United States.
"Second-That the authorities treating
| of this question and decisive of It are
| those that treat Of and involve in their de-
| cision the question to whether the Con-
| stitution. expIoprieo rigore and inde-
| rendent Of treaty stipulations or congress
| sional legislation, extends to territory
| ceded to and acquired by the United
| States.
"Third-That the weight of these au-
| thorities sustains the following PROPOSE
/ tions: (a) that the United States may ac-
! quire territory either under the treaty
making and war power Of the Constitution
or by virtue of its general powers OF
sovereignty as nation. in which are in
/ cluded all the inherent powers of SOW
| ereignty both of the United States as an
| independent nation and all the powers OF
| the several States as sovereigns; (b) that
| the power to govern acquired territory re-
/ suits from the right to acquire and also
from the provision of Section g. Article
| of the Constitution, to wit: Power to dis
| pose of and make all needful rules and
| regulations respecting the territory and
| ether property belonging to the United
4
1 crn acquired territory Independent of the
| limitations of the Constitution. but in
| cases where territory has been acquired
| for the purpose of statehood Congress
| would be subject to these fundamental
limitations in favor of personal rights
| which are formulated IN the Constitution
| and its amendment; but these limitations
| exist rather by inference and the general
| spirit of the Constitution. from which Con.
| eress derives all its powers. than by any
| express and direct application cf it's pro
| visions;'- I'D that Congress has power &c
| govern Puerto Rico and the Philippines
| Independent of the limitations of the Con.
4 stitution."
| The minority report, by Mr.. Richardson
saws: '"rke meaning of the term United
States has been defined by the Supreme
Court of the United States. The question
was passed on by Chief Justice Marshall
Of the Supreme Court, and he undertook ts
define what was meant by the term as II
was used in Section of Article of the
| Constitution After quoting severai au
ihorities Mr.. Richardson says: ut follows
| therefore, that the term United States a.
| used in the section referred TO means al
| the States ard Territories of the United
| States. The construction OF the term a:
| given above is in perfect harmony with the
| views of statesmen and jurists and of the
practice of our government for more thar
a hundred years. and any other construc
| tion would work a revolution in our Sys
| tenn of taxation. 1t will be observed I'll,
| majority members of the subcommittee
submit no opinion or decision of the Su
preme Court of the United States to sus
tain the contention they make"
The defense in the case of Senator Clark
of Montana. before the Senate committe,
| on privileges and elections. to-day begaI
the presentation of its side of the contro
versy. The first half of the day was giver
to three witnesses for the memorialists
after which Thomas T. Lyons. county at
| torney of Jefferson county. was put ON thu
stand by Mr.. Faulkner in Mr.. Clark's be
half. His testimony was rather startlin,
| in several respects. He brought Repre-
sentative Campbell one of the attorney,
for the prosecution into the controversy al
an active participant in the case, saylni
that Mr.. Campbell had offered him So 90
| to testify in the case against Mr. Clark IL
this prosecution. He had previously been
worker for Mr.. Clark, and said that h,
| w. Clark. playing the part, as the witness
| put it, "of Whiteside on the other side
| Accordingly, he said he had visited ar
| Campbell. After hearing his proposition t,
testify that several members OF the Legis
iature had been to his knowledge bribed