The Leon reporter. (Leon, Iowa) 1887-1930, 1901-06-20
6enl11loiler Comment,
Extracts from W. J. Bryan's Paper
PERHAPS.


he had contented himself with a de-
clslon without attempting to give any
reasons for it, There are many vul-
nerable passages in the decision which
he delivered, but there is one passage
which shows the uncertainty produced
by the courts decision. Heretofore,
the people have regarded liberty as an
inalineable right, and freedom of
speech and freedom of the press have
been considered absolutely necessary
TO It's defense. Those who prize liberty
and regard freedom of speech as above
price will not take kindly to the word
perhaps" used by Justice Brown in
discussing the subject. He said:
To sustain tide Judgment in the case
under consideration it by no means be-
comes necessary to show that none of
the articles of the constitution applies
to the island of Porto Rico. There is
clear distinction between such prohi-
Dltlons as go to the very root of the
power OF congress to act at all, ire
spectlve OF time or place, and such as
are operative throughout the United
States or among the several states.
Thus, when the constitution de-
clares that no bill of attainder or ex
post facto law shall be passed. and
that mo title of nobility shall be
granted by the United States it goes
to the competency of congress to pass
bill of that description. Perhaps,
the same remark may apply to the first
amendment, that Congress shall make
no law respecting an establishment of
religion, or prohibiting the free exer-
else thereof; or abridging the freedom
OF speech, or of the press; or the right
OF people to peacefully assemble, and
TO petition the government for redress
of grievances We do not wish, how
over, to be understood as expressing an
opinion how far the bill of rights CON
tanned in the first eight amendments
Is OF general and how far of the local
application.
He is not willing to go at once to the
tull extent of his logic. He seems to
have faith in congress; he does not
doubt that it will deal fairly with sub
3ect races, and yet he shrinks from the
thought of annihilating, at one blow,
the whole bill of rights. He boldly
declares that there is clear distinc-
ton between such prohibitions as go
to the very root of the power of con-
gress to act at all, irrespective Of time
or place, and such as are operative on
~ throughout the United States or
among the several states'-not merely
distinction, but a s'clear distinctions y
And yet he becomes perpleXed as soon
as he begins to draw the tclear dis
tinction." He isquite sure that congress
1sal Wy
bill of attainder or ex-post facto law, !"
or from granting ga title of nobility"
He thinks that perhaps the same re-
mark may apply" to laws prohibiting
free speech, to laws abridging the
freedom of the press, and limiting the
right OF the people to peaceably as
semble and petition or redress.
Perhaps! PERHAPs!! PERHAPS!!
How soon he becomes entangled in his
cwn web! And this is constitutional
a.lsE,. Justice Brown wants it distinct
~ und "a Chat the court IS not at
this time depressing an opinion how
far the bill of rights contained in the
first eight amendments is of general
and how far of local application" 1t
will be interesting to American patriots
to learn that rights for more than
century considered inalienable are now
divided into general rights and
"locaI' rights; that some belong to
everyone, while others belong only to
some, and that the some who enjoy all
rights are to decide what rights are
safe in the keeping of others. The
Boston Herald very properly says that
imperialism 6 does not consist in hav-
Ing an emperor, but in governing a
country on the well established basis
that all men are not free and equal"
It is not the form but the essence
which controls; it is not the name.
emperor, that is hateful. The Herald
adds:
SIT does not matter whether the
form of rule is that of the car, or that
of an imperial parliament which rules
over subject people in the name of a
conquering and governing nation.
The government of England is Just as
imperialistic as the government of
Russia. The inhabitants of Somall
Coast Protectorate, an English colony,
have no more political rights accorded
to them by the British parliament, re-
presenting the English people, than
the car accords to the inhabitants of
the Crimea. The government of Eng
land is imperial, because, while arrogat-
ing to themselves the right to do what
they please, the English people control
the Industrial and political existence of
hundreds of millions of people, and
settle these in such manner as they see
fit. The government of the car is
imperialistic because, while arrogating
to himself the right to do as he pleases,
the car dictates the political and in
dustrial development of scores of mil
lions Of people. But in each instance
there is DENIAL of the democratic
theory of government, that the people
of a country have a right to regulate
their own affairs"
The decisions of the Supreme Court
in the Downes case places the inhabit-
ants of Porto Rico at the mercy of con-
gress and the executive. There is not
a vital right that they can claim as
theirs. They must bow before the
Clear the track for conquering Uncle
Sam. Consent of the governed is a
l. L.