Valentine Democrat. (Valentine, Neb.) 1900-1930, 1901-06-20

diate!y after the ratification Of the
peace treaty, congress had enacted a
law levying the Dingley rates special
ly 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 a formal
act of congress establishing those rates
as applying to Porto Rico.
The logic Of this opinion as it applies
to the right of congress to levy tariff
customs would make it possible for
congress to levy tariff duties on ar
ticles coming from any territory Of the
United States.
With respect to III new possessions,
the decision is an unfair n because it
denies to them equal trade privileges
with other portions of the United
States whose sovereignty has been es-
tablished over them, and the pur-
pose Of the constitution in providing
for equal trade privileges was that no
section subject to United States SOW
ereignty should ever become the vic
tim Of discrimination. This principle
is in line with the very foundation
principles OF this government which
contemplated that all the people of the
United States should have equal priv
ileges, should be exempt from discrim-
nations, and should enjoy the immuni-
ties which the constitution makers
conceived to be essential to the per-
petuity of free institutions.
THE ATTITUDE OF ALIENS.
In the opinion delivered by Justice
Brown in the Downes case, the SUI
preme court went much farther than
the consideration of the right to levy
tariff duties, Justice Brown contend
ed that power to acquire territory by
treaty implies not only the power to
govern such territory, but to prescribe
on what terms the United States will
receive its inhabitants and what their
status shall be in what Chief Justice
Marshall termed the American m
pre-"
Justice Brown then distinctly de-
clared that the annexation of territory
did no make the Inhabitants of that
territory citizens of the United States.
He admitted, however, that whatever
may be finally decided as to the status
of these islands and their inhabitants
1T does not follow that in the mean
Liz liz PCOplC are III Il6 IudILPT OIL
"ntlic rights unprotected by tho pro-
visions OF u constitution and sub
Jected to the mere arbitrary control of
congress Even if regarded as aliens,
they are entitled, under the principles
of the constitution, to be protected in
life, liberty and property"
Here we find the supreme courts dec
laration of the status of the people Of
these islands. Although the constitu-
ton does not follow the flag, under
the principles Of the constitution the
people of u new possessions are en-
titled Ito be protected in life, liberty
and property" In other words, al
though cut away from all former al
legiance, although taken away from
former sovereigns and denied the right
Of building a sovereignty for them
selves, and although required to render
allegiance to this country, yet they are
in the attitude of ALIENS" they are
to be taxed without representation,
and to be governed without having a
voice in the government. This is i'm
periallsm pure and simple.
DELEGATED POWERS.
Throughout the majority opinion de-
livered by Justice Brown runs the
theory that the American congress
may do anything not forbidden in the
constitution. This is n of the most
repugnant features of this opinion.
Justice Brown seems to have searched
the constitution for prohibitions rath-
er than for that grant of power which
the American people have always con-
ceiVed to be the true office of that in
strument. In n place Justice Brown
said: eff in limiting the power which
congress was to exercise within the
United States, it was also intended to
limit it with regard to such territories
as the people of the United States
should thereafter acquire, such limita-
tions should have been expressed" In
another place he refers to a constitu-
tional clause as Suggestive of no limi-
tations upon the power of congress in
dealing with territories" In another
place he says that mo construction of
the constitution should be adopted
which would prevent congress from
considering each case upon it's merits
unless the language of the instrument
imperatively demands it." And in his
conclusion Justice Brown, referring to
the right or authority of congress to do
what ever it sees fit to do, said-"We
decline to hold that there is anything
in the constitution to forbid such &C
ton"
The American system of government
is not a complicated one. Indeed, it's
strength and success have depended,
in a marked degree, upon its very SIM
plicity. For years we have been taught
to look in the constitution for power
delegated to the United States and for
powers prohibited by the constitution
to the states. For years we have been
that the federal constitution
was a grant of power, while the state
constitution was a limitation of power;
yet the opinion delivered by Mr.. JUS
tice Brown encourages the notion that
our federal authorities may do what
ever they think necessary to be done
when the same is not specifically for
hidden in the federal constitution.
The dangers arising from such an
irrational, un-American notion will
entirely upon the character and
of men in authority. A
written constitution has been the safe
guard Of American institutions, and
once it shall be fully established that
that constitution is a limitation rather
than a grant of power, this govern
ment and it's people are completely at
Cama NJ "Pinr Pong.o