The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-20
AN EXPLANATION ASKED
Mr.. Hale's Resolution in Regardto
Local Telephone Rates.
Lively Discussion in the Senate
Over the Failure of the Commits
sioners tn Enforce Law Enacted
by Congress-Goverpme of Ter
ritories Referred to in the Debate.

/ Inc reSClutlOH WHICH was introduced Dy
Mr. Hale in the Senate yesterday calling
upon the Commissioners Of the District of
Columbia for an explanation as to why the
law regulating local telephone cha ges has
| not been carried out, precipitated Iearnsd
discussion Of constitutional Interpretation
with reference TO Territories.
In explanation of his reason for intro
ducing the resolution Mr.. Hale stated that
in the District Appropriation bill last year
provision was inserted that telephone
service be furnished tc subscribers within
the District at a reduced rate. but that
this provision has never been carried out.
Congress- he continued. has not only
the legislative power for the District of
Columbia, but it is the board Of aldermen
and legislative council for the District. No
provision Of law could be palmer than that
which was placed in the District OF Colum-
bia Appropriation bill. That was not the
first time that Congress has put provision
in a bill controlling the corporations and
protecting the people of the District
NJ. Hale said that he had read in the
newspapers that this provision, which was
not passed in a hurry, had been seized ami
thTottled by some Judge who said that
Congress had no business 20 pass such a
law, and that it was unconstitutional.
IF that law could be arrested By a
judge" he continued, 'any law passed by
Congress could be. | want to have the case
appealed that Congress may know exactly
the force OF such a decision, and il it is in
the wrong. abstain from such legislation
In the future. / understand that the de-
cision was rendered by an inferior Judge,
ana want decision from a higher court
Mr.. Gallinger remarked that the Judge
who heard the case had taken the ground
that the act was a practical confiscation
OF the property of the telephone company,
and he intimated that similar confisca-
ton might be attempted by Congress OF
the property OF the street railroad COM
panies OF Washington by reduction OF
fare. as has already been proposed. He
said he was in favor of securing the iu-
formation called for, but that he wanted to
call the attention of Mr.. Hale to the fact
that an appeal had already been taken to
a higher court.
The debate was tier taken up by several
Senators who have been acquainting them
selves with matters relating to legislation
in the Territories. and the constitutlonality
OF the telephone law was discussed simply
as side issue of the Philippine question.
Mr.. Tilman raised small storm of words
by suggesting that the Constitution has
never been extended to the District OF
Columbia, and that If it exists there it also
exists in the other Territories
That argument was met by Mr.. Foraker
With the assertion that the Constitution
existed in the States of Virginia and Mary
land, from which the District was carved;
that it was specially extended to the Dis
triet in 1871, when the District government
was created, and that there was an
abundance Of precedents both for extending
and withholding the Constitution.
Mr. Hale asked the Senator if in a mat
ter of this kind, in which Congress has
asserted its power, he thought its will
should be countervailed by any decision
of an inferior judge without taking an ap-
peal to n higher court
Mr.. Foraker replied that he thought it
was the duty Of those in authority to ap-
zeal the case to higher corrt. He said
there was nothing unusual about this de-
cision, as the judiciary has been frequently
called upon to decide such cases, and SINH
lar decisions had been rendered.
Mr.. Lindsay quoted an argument made
by Daniel Webster, in reference to the ter
ritcry acquired from Mexico, in which lie
stated that the Constitution could not be
applied to the Territories that II applied
only to States. But MIR. Lindsay also ad-
mitted that Mr. Calhoun. in the same de-
bate, denied that proposition in all It's full
ness. and claimed that the Constitution of
its own force extended (at least its appro-
PIRATE provisions) TO all the territory with
in the domain of the United States.
Mr. Vest. addressing Mr.. Lindsay. asked
whether Chief Justice Marshall had not
prior to that debate, decided emphaiicaliy
that wherever the Jurisdiction of the
United States extended the Constitution
went proprio yigore. That decision" Mr.
Vest declared, has never been reversed"
Mr.. Lindsay said he was willing to .ad
nit that Chief Justice Marshall had made
that decision. but that il was in ease
arising in the District OF Columbia. He |
explained that the Constitution, by a direct |
act OF Congress in 1919, was extended TO !
the territory acquired from Mexico.
We have expanded the application OF |
law" said Mr. Lindsay. |
jefferson did not believe we could ac-
luire any territory without an amendment |
Of the Constitution. Yet all the depart, |
of the Government overrulcd his |
opinion.
'Mr. Jefferson did not believe that we
could create State out of territory not |
included within the original boundaries of
he United States. But we have advanced |
over that doctrine and have admitted
number of States out OF territory acquired
since the adoption of the Constitution.
MIR. Webster did not believe that We
could by act of Congress extend the Con-
stitution over territory acquired. by ad-
the territory into the Union. Mr. !
Webster was overruled in that regardT
and the Constitution was extended"
After some further debate relative to the
application OF the Constitution to the Dis
rict and to the other Territories, the reso-
utiou was adopted.
1t was purely resolution of enquiry.
Ind authorized no particular action.
At 2 o'clock the Senate took up the bill
o provide government for. the Territory
Jr Hawaii
Mr.. Cullom. who is in charge OF the bill.
made some Introductory remarks concern
ng it. and Mr.. Morgan. also member OF
he Hawaiian Commission. which framed It,
explained the changes made by the measure
n the old laws of Hawaii.
Mr.. Tilinsn criticised the requirements
# the bill that voters and offlceholders in
Iawaii should possess educational and
property qualifications, and said that in the !
southern States the effort to place the
ame restrictions on voters had met with
-reat opposition from other sections Of the
ountry \ long controversy ensued over
he provision of the bill establishing n
United States court in Hawaii, in which
Iessrs. Foraker. Spooner. Ross. and Teller
Without disposing of the bill the Senate
vent into executive session, and at $50
u