New-York tribune., 1901-06-02
BRYAN ON THE DECISION.
SAYS SUPREME COURT HAS MADE PRES
IDENT EMPEROR AND CONGRESS
GREATER THAN con-
STITITTION

Lincoln. Neb., June Taking for his text the
words. Emperor Mckinley" W. J. Bryan to-
night gave out an extended statement bearing
the Supreme Court decision in the insular cases.
Mr. Bryan asserts that the Supreme Court has
joined hands with the President and Congress in
an effort to change our form of government, and
he calls the people to repudate the verdict. Mr.
Bryan says in part:
By a Of 3 to the Supreme Court has de-
cared President Mckinley emperor of Porto Rico.
has gladly and gratefully accepted the title con-
ferred upon him by the highest judicial tribunal of
Those who were encouraged TO believe that the
constitution had caught up with the flag were
decided Immediately afterward majority of the
Shras 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 constitution. Chief Justice Fuller and As
sociate Justices Harlan, Peckham and Brewer dis
sented IN strong and vigorous language, but the
opinion of the majority-even majority of one
This is one of the most important decisions If
not the most important, rendered by the
than the constitution which created 1.-THE Great
ure greater than the creator-but it denies the
taken by the court is defended rather. excused
cSnstational liberty in the United T States Every
reason given by Justice Brown could be used with
all limitations placed bg he ON gong
gress when dealing with the citizens of the several
If the Porto Rieans san can trust the wisdom and
cannot remove. why do the people of the United
States need constitution to protect them from
The decision, in effect declares that the people
not the source Of power Il defends taxation With
derive their just powers from the consent OF the
1t assails the foundation of the republic and does
so on the ground Of eXpedency The S dissenting
patriotism. They ought 10 awaken conscientious
republicans to realization OF the meaning of i'm
This decision like the Dred Scott decision. raises
nnli iCGna n N ha
people. The Supreme Court has joined with the
the form Of our government but there yet re-
mains an appeal to the people.
must be known that in ruling that the Dingey tar
IN rates could not prevail against Porto Rico the
tion followed the flag during any of these periods
This ruling was made because in the opinion of
the court, law enacted for the purpose of levying
fba was m not n ot5er Wor5 s
diately after the ratihcation of the peace treaty
Congress had enacted a law leyying the Dingley
Would Ssye preyasd sinS' Porto '0 those rates
In the bo, courts opinion the esaty Of any tariff
simply waited upon formal act OF Congress estab-
logic OF this opinion as it applies TO the rights OF
congress 10 levy tariff customs. would make II
cles coming from any territory OF the United States
= m Tgseco 90 20 our - new Possesfdons me Gecisloh
trade privileges with other portions of the United
them and the purpose OF the constitution in provd-
ing for equal trade privileges that section
subject 70 United States sovereignty shall be-
come the victim OF discrimination. The principle
is in line with the very founda tion principles OF
this government. which contemplated that all the
people of the United States should have equal prvi-
leges should he exempt from determinations and
should enjoy the imnrnites which the constitution
makers conceived 10 he essential TO the perpetuity
of free institutions.
After an extended summary ot Justice Browns
reasoning. Mr.. Bryan continues:
throughout the majority opinion delivered BY Jus
t!ce Browns runs the theory that the American
congress may DO anything not forbidden in the
features OF this opinion. Justice Brown seems 10
nav" searched the constitution for prohibitions
rather than for that grant OF power which the
American people have always conceived to be the
true office Of that instrument
Mr. Bryan concludes as follows:
To what glorious field for inspection this Justice
OF the supreme Court has invited the American
people. Under this opinion about
bark on Great Britain's colonial policy. and
assure ourselves to quit conscience. We have
its outlying possessions since the American Revo-
luton
An inspiring spectacle indeed We may look at
South Africa, where Great Britain's unrestrained
possession OF power has destroyed two promising
republics and has drenched the soil the blood
OF PATRIOTS may look India, whose people
have been dying by starvation for years; at India
where on several occasions the bounty and gener-
osity Of the American people have been necessary
In order TO save human beings living under the
sovereignty Of Great Britain, from death by starva-