The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-06-04
BRYAN DON'T AGREE WITH
SUPREME COURT.
APPEALS TO THE PEOPLE
With Likelihood of Success At
tanned in Former APP
peals.

Lincoln, Neb., June Taking for
his text the words Emperor McKin-
ley" w. ]. Bryan tonight gave out
an extended statement bearing on the
supreme court decisions in the insu-
lar cases. Mr.. Bryan declares the SUI
preme court has Joined hands with
the president and congress in an eff
fort to change our form of govern
ment and he calls on the people to
repudiate the verdict. Mr.. Bryan
says in part:
by a vote of five to four the SUI
preme court has declared President
Mckinley emperor of Porto Rico, and,
according to the press dispatches the
emperor has gladly and gratefully &C.
copied the title conferred upon him
by the highest judicial tribunal of the
land.
CHOSE who were encouraged to be-
lieve that the constitution had caught
ny Wall liz Ao6 "O4O uOOAACu W uA0-
appointment. In the Downes case, de-
cided Immediately afterwards, a ma
jority of the court, composed of JUS
tees Brown, Gray, White, Shiras and
McKenna, held that congress could
deal with Porto Rico, and the same
logic applies to the Philippines, with
out regard to the limitations of the
constitution. Chief Justice Fuller and
Associate Justices Harlan, Peckham
and Brewer dissented in strong and
vigorous language, but the opinion of
the majority, ever a majority of one,
stands until it is reversed.
This is one of the most impor-
tant decisions, if not the most impor-
tant ever rendered by the court; it
not only declares that congress is
greater that it's creator, but it denies
the necessity for a written constitu-
ton. The position taken by the court
is defended or rather excused, by
reasoning, which, if followed out, will
destroy constitutional liberty in the
United States. Every reason given by
Justice Brown it is believed could be
used with even more force to support
a decision multiplying all limitations
placed by the constitution on congress
when dealing with citizens of the sew
eral states. If Porto Ricans can trust,
wisdom and justice Of congress which
they do not elect and cannot remove,
why do people of the United States
need constitution to protect them
from congress which they do elect
and can remove, the decision is to the
effect that the people are not the
source of power, it defends taxation
without representation, and denies
that governments derive their just
power from the consent of the gov
erned. 1t assails the foundation Of
the republic and does so on the
ground of expediency.
'"The dissenting opinions bristle
with presidents and burn with patriot
ism. They ought to waken conscien-
tious republicans to a realization of
the meaning of imperialism.
"This decision like the bred Scott
decision, raises a political issue which
must be settled by the people. The
supreme court has Joined with the
president and congress in an attempt
to change our form of government, but
there yet remains appeal to the peo-
pie.
I'm order to fully understand these
opinions it must be known that in
ruling that the Dingley tariff rates
could not prevail against Porto Rico,
the court did not act on theory that
constitution followed the flag during
any Of these periods under consider
alton.
"This ruling vas made because, in
the opinion of the court, a law en-
acted for the purpose of levying tar
1T duties against a foreign country
could not be applied in levying tariff
duties against a country that was not
foreign In other words, if imme-
diately after the ratification of the
peace treaty congress had enacted a
law levying the Dingley rates, es-
pecially 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 the formal
act Of congress establishing those
rates as applying to Porto Rico.
"The logic Of this opinion as it ap-
plies to the right Of congress to levy
tariff customs would make it possible
Tor congress to levy tariff duties on
articles coming from any territory Of
the United States.
ssVVjth ronnoct IN mr. now nooooo.