Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-03-01

Special to tie Register
WASHINGTON, d. c., February 20.
One of the best of the speeches made
in opposition to the Porto Rican tariff
bill was that of Judge David E. john
ston. of the Third West Virginia dis
trict, the only Democratic Congress
man from the Mountain State. 1t is
brief and to the point. Judge john
ston said:
II had not expected to have an OPP
portInity to say one word IN tnls
great debate, and therefore in the
limited time allotted to me 1T is not
possible for me to be able to much
more than enter my protest against
the passage of this bill. In my hum
Bile Judgment more mischievious, in
inquitous, unjust, and unrighteous, as
well as unconstitutional, piece OF leg
islation has not been attempted in
this House during this session; even
far more dangerous, indeed, than the
gold-gambling bill, with its national
bank attachment.
1.-The advocates of this measure un-
del discussion would have this House
believe that the legislation proposed
is of the most innocent and harmless
character; in fact, very humane
measure intended for the suffering
people of the island of Puerto Rico.
And while some seek to justify the
measure on the plea of humanity, 9TH
ers take for it's justification the bold
ground that Congress, in dealing with
this island and its inhabitants, is ON
nipotent and is not bound by the pro-
hibitions, limitations, and restrictions
of the federal constitution. Strange
indeed, if true, that Congress, the crea-
ture of the constitution, can override,
overreach, and dominate the very in
strument which gives to it the only
vitality and authority which it pos
sesses, No such thing as republic
and an empire can exist at one and
the same time under our constitution
and form of government.
Puerto Rico, by virtue of the treaty
with Spain, is either part of the ter
ritory of the United States or it is not.
There is no middle ground or posi-
tion. Congress, attempting by this
bill to legislate for the Inhabitants of
the island, must Of necessity obtain its
power and authority from the consti-
tuition alone, Ior it has no other; and
If this be true, then Congress can not
IMPOSE any other taxation upon said
lpabitants than that which it can
Impose on the people of the States
md territories of the United States.
Unequal taxation is unjust taxa
ion, and unjust taxation is no less
'under, no matter under what pre-
gense it is imposed, even though I'M
der the sanction of law, under which
it is sought to be justified.
Eve can not disguise it. The ques-
LlOu is, Sudll we Iulu l. IllCO VI
not? We will not if we exercise our
power honorably and conscientiously;
yet we may disgrace ourselves as
nation by using it oppressively, by
breaking our pledges and dealing un-
justly with the people of this island.
II will not attempt to discuss, for l
have no time to do SO, the constitu-
tional questions involved, nor will
attempt to review the decisions of the
Supreme Court of the United States
bearing upon this question, as this
has already been ably done on both
sides of this chamber, and my judg-
ment is convinced that the measure is
unconstitutional.
''But there is more in this bill and
its far-reaching results than it's ad-
vocates are willing to concede or dis
close. 1t is doubtless to be made the
precedent and foundation for legisla-
ton upon a larger and more extended