The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1901-06-01
CONSTITUTION AND FLAG.

l.
came before that tribunal is paradox
cal in the extreme. Ii the opinion Of
IRE five judges who gave the decision is
10 be accepted as final disposition OF
the matter, onr colonial possessions are q
part of the United States for the pnr-
poses of government and foreign terri
tlry when il comes to tariffs or taxation
OF any Kind. How five men, elevated to
the highest judicial position within the
gift OF the government, and supposed to.
be ueasiaG robes OF sFmiAe on account
Of their great ! gal knowledge and high.
character, can iain IN decision that so
clearly affirms one part OF the constitu-
ton and nuliies another, is almost be-
yond human comprehension. The weak
ness of human prrindiee may have in
hnenced these men; bnt whatever the
eanse, there is no valid reason for the
decision, and \ big majority OF the
Amseiaaa people via loek upon. it as
Hntenable
By their own reasoning the decision
Of the judges is Illogical. They argue
that II territory is coded to the United
States it at once becomes a part of the
country, subject to L government by the
proper authorities. The moment it is
seded it is ours without an act OF con-
yress, and, the judges say, cannot be
faxed under the Dinghy or any other
tariff law. Yet il congress later sees TT
~ enact q tariff law compelling the in :
. labitaRes sftae sedetf territory to paw
u discriminating duty on goods shipped
into the United States, it has a perfect
Ight to do so regardless of the consti-
ntional provision positively prohibiting
discriminating tax and requiring all
sixes to be equal within the territory OF
the United States The eorrt here does
snme fns haiFsPlitting in attempting to
show that territory belonging to the
United States for purposes OF govern
nent is foreign territory when congress
wishes to erect tariff barnisr against
the importation OF its goods. In effact
= gives to congress the authority to an
sul any portion OF the constitution when
the apparent emergencies may demand
It.
In one OF tAe cases involving the For
Aker act the opinion of the court saws
that I'VE are OF the opinion that the is
land OF Porto Rico is territory appurt-
snant, and belonging to the United
States, but not part OF the United
states within the revenue clause of the
sonsttutione that the Foraker act is con
stitutiohal so far as it imposes dnties
spon imports from. such island, and thai
the PlainIitE can net recover back the
the Duties exaeted in the case" Such
doctrine simply establishes n colonial
system OF government outside the oonsti-
tuition and is a blow to American liberty
that will result disastrous if upheld. Ii
Is the entering wedge that will enable
eur judiriary to back up the executive
and military authorities in other mat
tiers Involving, to a great extent, cnr-con-
sitution and form OF government. L
Porto Rico was part Of the United
States and had a right to ship goods tc
y " York free Of duty previous to actor
BY congress, one would naturally sup
pose that right could not be abridged By
= msr legislative act, unless thu con
gress is superior to the constitution.
The opinion suEtheF says that III yt
sre at liberty to acquire foreign territory
b presumption arises that our poEe
With respect to surh territory is tbr
same power which other nations hay,
ieen accustomed to exercise with re
spect TO territories acquired by them.
This doctrine sets mp the claim that vi
siay treat the people ot acqHired terri
nry ~ Russia. Great Britain, German,
Or any other monarchy would treat il
subjects. The doctrine is more danger
ons than that Of state rights, or III,
tight OF secession.
-Four Of the justices, White, shiras
ncKenna and Downs did not agree will
their five associates. They took thu
broad and logical position held by Chic
Justice Marzhal that congress had n
power to collect discriminating taxes
snposts or dulles in the territoriesof tn
United States. That decision has stoo,
as one of the buhwarks Of the rights O
American citizens until the present ma
F'rity has seen tit to set il aside. Mar
shall held that the term. United State
was the name given to onr great repub
hc, including states and territories.
The opinion Of the minority admit
she right OF congress 10, impose taxes an,
duties geographically unilDrn and with
cut discrimination and holds to tn
opinion Of Chief Justice Marshall tina
all territory owned by the United State
Is included under tie protection an,
provisions Of the constitution This i
the only true doctrine; it is the only on
ahat will protect the people in tbej
nights, and any other policy is manner
GaIA The majority of the people will
~ se with the four judges who hay
taken the strong position that the con
Htitution is the supreme Law Of the Ian,
and must be respected.
In Ceur d'Alene Intends 10 eelsbras
the 9TH Of July it is time 10 make NOV
4aAA Hat 81