Evening star., 1901-06-01

constitute the Judgment of the court, and
the law of the republic today as declared
by the supreme judicial tribunal. is to the
effect indicated. There Is no confusion or
contradiction in the judgment of the court
on the vital issues, whatever variances
may exist in the processes of reasoning of
individual judges.
The public welfare absolutely demanded
recognition of the power in the national
government which has now been pro-
claimed: but there was no such demand
that Porto Rico be declared after its ces-
sion foreign country In the contempla-
lion OF the Dingley act. Even those who
prefer the reasoning Of Justice White to
that of Justice Brown. and who think that
logic requires Porto Rico to be held little
farther from the United States than the
view of the Supreme Court permits. will
readily concede that the issue of the power
of Congress is paramount, and that the
triumph of their broad view on this point
is of such consequence as to render COM
paratively insignificant the refusal of the
Supreme Court to travel with them to
what they have considered the logical ter
minus of their reasoning.
After the opinions rendered have been
analyzed it may develop. in view OF the
curious combinations of the justices in the
various cases. that little else has been
authoritatively decided than the questions
directly in issue. which are stated and
passed upon IN the judgments. But these
questions. which are vital in their effect
upon the public welfare. are handled with
clearness and precision, and no doubt what
soever is left concerning what the court in
tended in respect to them.
Much of the criticism Of the decision of
the court as unsatisfactory. confusing and
contradictory, is founded upon a precon-
ceived notion In the minds of the critics
that it would be impossible to avoid a
declaration of national impotency to dis
criminate wisely in dealing with the terri
tories without partially multiplying the Con-
stltution and overthrowing republican prin-
ciples. But the court sustains the claim Of
this power in the national government ard
at the same time declares that the Constf-
tuition follows the flag, in that 1t prevails
and Is paramount in matters to which 1t is
applicable wherever the Jurisdiction Of the
United States extends. Even Justice White
and the justices concurring with him. who
think that Porto Rico should be classified
as foreign under the Dngley law do not
concede that the Constitution Is anywhere
imperative within the national boundaries
In the case of the territories" Justice
White says, "as in every other instance
when provision of the Constitution is In
Voked, the question which arises is not
whether the Constitution is operative, for
that is self-evident, but whether the pro-
vision relied on is applicable"
The Supreme Court has overthroWn the
anti-imperialist contention of national i'm
potency on grounds which destroy the
foundations of the anti-imperialist clamor
about notification of the Constitution
National power in the premises being
conceded good Americans in the whole
some spirit of patriotic optimism believe
that the people of the United States as rep
resented in Congress will exercise it intel
ligently and conscientiously, on constitu-
tional lines, in accordance with American
and republican principles, for the welfare
and protection of the people both Of the
States and of the appurtenant territories
The Jaundiced pessimist believes on the con-
trary that this power will be corruptly en-
ployed to enslave free men, to convert
citizens into subjects, to subvert republi-
can principles and the Constitution. He
cannot escape the conviction that there Is
nothing false to the American principle
and fatal to the republic which the Ameri-
can people as represented in Congress will
not do unless forbidden specifically by the
Constitution. Hence the unpatriotic
prophet of evil Will continue to wall feebly
and impotently. while the typical Ameri-
can with red blood in his veins will conf
IDENTIFY hope and irresistibly press forward.