The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-07-24
IT IS LEI OUT.
Support of Constitution Omitted
From Oath in the Philippines.

Correspondence of Associated Press.)
Manila, June 1.-THE passage today
by the Philippine commission of the
act organizing the courts of the archi-
pelago was preceded by two interesting
Incidents both of which brought out
authoritative statements from Presi-
dent Taft The first was in reference
to the wording of the oath of Office to
be taken by judges. Support of the
(Which all officials in the United States
subscribe to in their oaths of off1ce)
was purpOsely omitted from this oath,
but recognition of the supreme author
ity Of the United States was included.
Judge Ide, author of the judiciary
bills, held that swearing to support the
United States constitution when it had
already been decided that at least one
feature of that instrument uniformity
of duties clause) does not apply in the
Philippines, would be in proper. He
considered that discussion of the mean
ing of the constitution as affecting
powers and duties of United States of
1cials in the Philippines would be of
immense service, since these questions
are in process of settlement in the
United States supreme court
Replying to a question by Senior Pat
emo, former secretary of state in the
Aguinaldo cabinet, as to whether, since
it was generally assumed that the con-
stitution follows the flag, the OathS of
Office of Philippine officials should not
include support Of the constitution,
Judge Taft said:
''The oath to support the laws of
the Philippine islands, if the validity
of these laws depends upon the con-
stitutiOn of the United States, is an
oath to support laws enacted in ac-
cordance with the constitution of the
United States. There has been so much
discussion of the issue presented in
this form Does the constitution of the
United States follow the flag of the
United States?' that it was thought
best not to invite discussion by chang
ing the form of oath from that which
had originally been adopted by the
military government when the commits
sion came here
Personally I think that statement
of the issue IS exceedingly misleading
Every person who CON es to these ISL
ands accredited as an officer or agent
of the United States government de-
rives his authority from some officer
who was appointed under the constitu-
ton of the United States; therefore, It
seems to me, that to say that the con-
stitution has no operation in these ISL
andS is to say something which log
ically can not be sustained; and the
real question is not whether the con-
stitution extends to these islands, but
what clauses of the constitution affect
the government of them In other
words, the real issue is whether con-
gress or the president acting under
the constitution in asserting the au-
LNDIlly OF the United CLdIeS IN these
islands is restricted by certain linita-
lions in that constitution which GER
tainly apply to the action of the presi-
dent and apply to the action Of con-
gress in dealing with the state
Now the constitution contains
clause which requires all duties on i'm
ports to be uniform throughout the
United States The supreme court has.
in a recent decision, news of which
came yesterday, decided that clause of
the constitution does not apply to gov
eminent created by congress in Porto
Rico and these islands. The statement
that the constitution is in operation in
these islands may mean one thing to
one person and another thing to an
other Why, therefore. introduce into
an oath of office a form of statement
which might lead to misconstruction
Why not follow the old form which
serves every purpose?"