The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1900-05-16
Judge LOchren's Dictum.


much satisfaction from an opinion
judge Lochren of Minnesota has ex-
pressed in the matter of the automatic
extension OF the Constitution to the
possessions the United States has re-
Gently acquired. Judge Lochren was
pension commissioner under President
Cleveland's administration. Mr.. Cleve-
land appointed him to judgeship in
the district court of the United States.
In the case recently before him, in
which the constitutional question came
up-or rather was dragged in-the de-
cision was made on grounds entirely
outside of the Constitution, viz, that
the ratification of the treaty of peace
with Spain had not been completed,
that martial law prevailed in Porto
Rico, at the time the Ortiz case arose,
and therefore the application for writ
of habeas corpus was denied.
The question of the existence Of the
Constitution in Porto Rico was not in
the case. Judge Lochren simply went
out of his way, for reasons best known
to himself, to deliver an address on the
constitutional question. His purpose
may have been the notoriety he would
gain by an expression OF his opinion on
30 important matter, or he may have
been animated by desire to help his
party at this time by stating the pres.
ent party view on this question
which, in his case, would acquire some
prestige from the circumstance of his
being judge of court of the United
States, or he may have been entirely
sincere in his reasoning and Judgment
and sincerity like charity is often held
to cover a multitude of sins, as well as
mental and moral infrmities. Judge
Lochren is member of the old Bour-
bonic Cleveland regime, beneficiary
of its power, and it would not be sur
prising if he were inoculated with its
heresies, which in time past brought
incalculable misfortune upon the Amer
lean people.
AS matter of fact Judge Lochren's
opinions or his arguments on this con-
stitutional question are entitled to no
more weight or consideration than the
same opinions or arguments of the
Democratic Senators who have been
discoursing on this subject in the de-
bates in Congress. Many of these
Senators are ADLER men and better
lawyers than is Judge Lochren, and
their opinions are really entitled to
greater consideration. A stump speech
from the bench of district court of
the United States is no more impor-
tant or conclusive than stump speech
from the desk of United States Sena-
tor. Judge Lochren decided nothing,
he had no advantage over a Senator
there, and his discussion of the ques-
ton added to it nothing new in
matter, force, or reason. In legal
learning, mental force, and judicial
strength Judge Lochren is not the peer
of many men who hold the opposite
view on this constitutional question.
Their view is sustained by an unbroken
line of practice from the foundation of
the republic down to the present time.
Congress has made, and is making, Jaws
for the government of Alaska and other
territories that are directly antagonistic
to Judge Lochren's dictum. This
Judge of an inferior court of the United
States has simply made weak and alb.
surd attempt to forestall the public
Judgment on question that was not
before his court, and with which his
official duty was not concerned.
The quality of Judge Lochren's rea'
soning may be judged from the sub
Joined extract from his opinion:
II the Constitution does not extend tC
Porto Rico and our new acquisitions Of ter
ritory, Congress has the untrammeled, alb
solute power to establish subject govern
ments or make laws for such territories /
has the power to establish dependent mon
arches or satrapies, state religions, an(
even slavery.
And with as much sense and reason
the judge might have added, polygamy
cannibalism, burning at the stake
breaking on the rack, and all the abom
nations of barbaric and medieva
times. He classes the Congress of th
United States with the Caesars ant
Philip II's of history. Letting alon
the circumstance that Congress
trammeled, that its absolute power
are curbed and controlled, by the Con
stitution, is there nothing in the char
acter Of the representatives the pickle
men, of race whose history for som
eight hundred years has been one Ion
heroic, progressive struggle agains
"monarchies, satrapies, state religion
and even slavery" that forbids the al
sumption of Judge Lochren, an
efanono n aa tha veru conau m p,a t;or r