Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-05-05

,ur,,i,tg 4i,,ses- Iirs
Mrs. Dewey may yet decide to have the
Admiral take second place on the Bryan
ticket"
The Roland Record declares that ..the
brightest star that shines in the Iowa
congressional delegation is brilliant
Bob Cousins, of the Fifth, and still a
few disgruntled 7x9 politicians or Mar
shall county would secure his political
scalp. Were some districts represented
by Christ himself there would be dis
satisfaction among a few
The AckleS Phonograph remarks that
some of the preachers are calling for
new creeds when what their ,congrega-
tons mostneed is new preachers.
As a word of precaution the Ottumwa
Courier says ..tlle young woman who
goes picnielking these early spring days
stands a good chance OF getting a golden
harp and a pair of Wings"
The sisousney News states that more
money Will be expended in Sigourney
this Year in improvements than was
ever expended in one year before
PORTO RICO UNDER THE CONSTITUTION
4 AT ST, Paul Thursday United
States District Judge Iochren de-
cidea that the ratification Of the
treaty of peace between the United
States and Spain made Porto Rico
American territory and subject to the
constitution Of the United states with
out any further act of congress.
The decision was given in the ease of
Raphael Ortiz, a Porto Eican who is
seeking release from the state prison
in stillwate.. on the ground that his
trial for murds: by military court
Was unlawful, because as III American
citizen he was entitled to trial By
jury.
His application for writ OF habeas
corpus is denied. however, On the
ground that the island was in a state
Iof war before The ratification Of the
trsaty, when the murder was COM
Elitted. and tina, therefore the military
court had Jurisdic.o,l
Assistant United States District At
torney Pu.dy argued against the APP
kplicatian Thursday. He maintained
that IN any event the constitution u
the United States did not extend 10
tbs island until the exchange Of rat
itieatiens on the treaty of peace By the
/ I'VE governments. and that wlilethere
was TO lighting between the date of
signing OF the treaty and its ratifica-
ton, still the island was in n state Of
Wa. and therefore military trial for
crime WAS legal.
! Insan oral ordersfrom the bench at the
conclusion of The argument Judge
! Lcchren sustained his view OF the case.
Tile considered the question raised Very
Important and he would be glad of an
loHrortunity 70 prepare a written opin-
ion. hut as he WAS pressed for time he
would make an oral decision and defer
the more careful Prepara lion of one III
writing until some future time.
After reviewing the facts in the case
land noting that the trial took place
between the date of signing the treaty
sot peace and the change of ratifici-
ltions theacourt said that according to
I the decisions of the supreme court of
isthe luitsd states A military commits
iSsien Was without jurisdiction TO try a
lseiYilian in United States territory in
lstlmesof peace.
He considered Porto Ricoterritory Of
1.-THE United States ard subject 10 the
constitution the minute it came under
iBthe control of this government. Cniess
| the constitution extended TO Porto Rico
lin advance OF action by congress CON
Fsress would have no power 10 legisla,e
for the Island a all. because Il has no
i3aithoritysto legisl ats for any except ter
Iritofy TO which the constitution has ex-
tended
Hecalled attention toa number of de-
Ncisions Of the sSipreine court and the
Opinions Of eminent jurists on this point
l5But the constitution did nor extend IL
1.-The inhabitants until after the raiifca-
Istonsof the treaty.
! But the real question IN the case. he
fsaid. Was whether Porto Rico wac in d
state Of war during the period between
i the signing and ratification of this
1 treaty Althothere Was no actual fight.
ing, the military had control and IN the
evsrt OF failure TO ratify the var woulo
;EihaNe been resumed at once Therefore
4 q state OF war prevailed. There was {
ton of hostilities pending an effor
Ito res tore peace. but peace Was not re-
stored until the treaty had been full,
ratified by both governments. In the in
afterim the only for mot trial that coult
4 BIZ had for crime was nilitray trial. ant
4 for that reason he considered the com
sEmitment of Ortiz regular and denied III
slWrit.
II Judge Willis took an exception to tn,
lruling that the island was in a state o
war between the signing and the rat!
flying oftfe treaty. and also to the rul
ling that the constitution did not extent
10 the Inhabitants during that period.
4lS ~ 49,
! !: Topics OF THE TIMES !
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