The Savannah morning news., 1901-06-02
EMPEROR M'KINLEY
MIR. BRYAN GIVES OUT A STRONG
STATEMENT.
SUPREME COURTS DECISION.
HE CALLS ON THE PEOPLE TO RE
PUDLATE THE VERDICT.

Destroy ConstitutiOnality-E As
sails the Foundations of the Re-
public and Does So on the Ground
of Expediency.
Lincoln. Neb., June Taking for his
text the words Emperor Mckinley"
William j. Bryan tonight gave out an
extended statement bearing on the Su-
preme Court decision in the insular cases.
Mr.. Bryan declares the Supreme Court
has Joined hands with the President and
Congress in an effort to change our form
of government and he calls on the people
to repudiate the verdict. Mr.. Bryan says
in Dart:
by vote of to the Supreme Court
has declared President Mckinley en-
peror of Porto Rico, and according to the
press dispatches the emperor has gladly
and gratefully accepted the title con-
ferred upon him by the highest judicial
tribunal of the land.
Those who were encouraged to believe
that the convention had caught up with
the flag were doomed to disappointment.
In the Downes case, decided Immediately
afterwards, majority of the court COM
posed of Justices Brown Gray White,
Shiras and McKenna, held that Congress
could deal with Porto Rico, and the same
logic applies to the Philippines without
regard to the limitations of the consti-
tuition Chief Justice Fuller and Associate
Justices Harlan, Peckham and Brewer
disssented in strong and vigorous Ian
guage, but the opinion of the majority.
even majority of one, stands until 1t is
reversed.
This is one Of the most important de-
cisions. If not the most important, rem
dered by the court; II not only declares
that Congress is greater than the con-
stitution which created 1.-THE creature
greater than the creator-but il denies
the necessity for a written constitution.
The position taken by the court is de-
Tended or rather excused by reasoning.
which, If followed out, will destroy con-
stitutional liberty in the United States.
Every reason give by Justice Brown
could be used with even more force 10
support O decision multiplying all limita-
tions placed by the constitution on Con-
gress when dealing with the citizens of
the several states. If the Porto Ricans
can trust the wisdom and justice OF a
Congress, which they do not elect and
cannot remove, why do the people of the
United States need a constitution to pro-
tect them from Congress which they
do elect and can remove? The decision,
III tntCts uttldItS lIdL I1e people are
not the source of power, it defends taxa
tion without representation and denies
that governments derive their Just power
from the consent of the governed.
IL assails the foundation of the repub-
lie and does so on the ground of expe-
diency The dissenting opinions bristle
with precedents and burn with patriotism.
They ought to awaken conscientious Re
publicans to realization of the meaning
of Imperialism.
An Issue which Must he Settled.
This decision, like the Dred Scott de
cisior, raises a political issue which must
be settled by the people. The Supreme
Court has Joined with the President and
Congress i'm an attempt to change the
form of our government, but there yet
remains an appeal to the people.
I'm order to fully understand these opin-
ions IL must be known that in ruling that
the Dingley tariff rates could not prevail
against Porto Rico. the court did not act
on the theory that the constitution followed
the fiag during any of these periods under
consideration.
This ruling was made because, in the
opinion of the court, a law enacted for
the purpose of levying tariff duties
against a foreign country could not be
applied in levying tariff duties against
a country that was not foreign
I'm other words if Immediately after
the ratification of the peace treaty Con-
gress had enacted law ievying the Ding
ley rates, especially against Porto Rico.
those rates would have prevailed. In
the courts opinion, the legality of any
tariff rate between Porto Rico and the
United States simply waited upon for
NAL act of Congress establishing these
rates as applying to Porto Rico. The
logic of this opinion as 1t applies to the
right of Congress to levy tariff customs
would make il possible for Congress TO
levy tariff duties on articles coming from
any territory of the United States.
An Unfair Decision.
with respect to our new possessions,
the decision is an unfair one because II
denies to them equal trade privileges
with other portions of the United States
whose sovereignty has been established
over them, and the purpose OF the legis-
lation i'm providing for equal trade privi-
leges was that no section subject to
United States sovereignty shall ever be-
come the victim of discrimination. The
principle Is In line with the very foun-
dation principles Of this government.
which contemplated that all the people
of the United States should have equal
privileges should be exempt from dis
elimination and should enjoy the insnu-
mites winch Wne CONSTITUTION makers con-
ceived TO be essential to the perpetuity
OF free institutions"
After an extended summary OF Justice
Browns reasoning Mr.. Bryan continues:
Throughout the Majority opinion de.
iivered by Justice Brown, runs the the
ory that the American Congress may 10
anything not forbidden I'm the constitu-
iion This is one Of the most repugnant
features OF this opinion. Justice Brown
seems to have searched the constitution
for prohibitions rather than for that
grant Of power which the American peo-
pie have always conceived TO be the true
Office of that instrument"
A Comparison with Great Britain.
Mr.. Bryan concludes as follows:
ITO what a glorious field for inspection
this Justice Of the Supreme Court has
invited the American people.
Under this opinion we are about to
embark on Great Britain's colonial policy
and TO reassure ourselves. 10 quiet our
conscience. we have but 10 look at the
history OF Great Britain towards its out
lying possessions since the American Rev
olution.
AN inspiring spectacle. indeed!
I'VE may look al South Africa, where
Great BritAins unrestrained possession OF
power has destroyed two promising ropub-
lies and has drenched the soil with tho
blood OF patriots we may look at India.
whose people have been dying by Btarva-