Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1901-06-21
what Kind Of Government?


What Kind of Government?
The late decisions, there were two
of them, of the U. S. supreme court
upon the relation of this government
to its colonial possessions are peculiar,
in that they seem to conflict with each
other, and are, or ought to be, dis
quieting, if not alarming, because they
overthrow fundamental principles Of
the government that have heretofore
been regarded inviolable and sacred.
The contradictions referred to consist
in the opinion that by the ratification
of the peace treaty Porto Rico became
d territory of the United States, or
domestic territory as it is termed,
hence goods coming from the island to
the States were not subject to tariff
duties imposed on goods from foreign
countries. But when congress passed
the act imposing tariff duties on Porto
Rican products then that country be-
came "foreign," so far as the impOSi-
tion of duties is concerned, because it
has right to enact any law it chooses
regarding territories. of the United
States, regardless of the constitutional
command that 'all duties, imports and
excuses shall be uniform throughout
the United States" And it is the last
opinion that makes this government
radically different from what it has
heretofore been held and regarded,
hence it is revolution by judicial man
date!
When Chief Justice Marshall, who
down to three years ago, was univers-
ally conceded to be the ableSt man
who has occupied that position, and
only few months ago his memory was
honored and his ability and work were
the subjects of unStinted praise and
panygiric, the occasion being the one
hundreth anniversary of his elevation
to the position in which he achieved
his great emlnence. He held, and
without dissent until the present
time, that the command of the con-
stitution just referred to applied "to
all places over which the government
extends
tDoes this" said Justice Marshall,
designate the whole or any particu-
lar portion of the United States? Ger
tainly this question can admit Of but
one answer. 1t is the name given to
our great republic, which is composed
of states and territories; and the Dis
trict Of Columbia, or the territory
west of the Missouri river is not less
within the United States than Mary
land or Pennsylvania.
This opinion was received without
question and found nc dissenting voice
in all the Intervening years. because
it was in perfect harmony with the
command of the constitution and with
the foundation ethics of our govern
ment, political equality, no taxation
without representation, etc. The re-
versing of the great Chief Justice Mar
shall and changing the character Of
the government was the work of one
man, Mr.. Justice Brown. On both
of the propositions stated eight of the
supreme judges were equally divided,
leaving the casting vote to the ninth
one, or Justice Brown. He first voted
with the four who believe that when
Porto Rico became territory of the
United States that it was subject to
the constitution and laws of the re-
public. Subsequently he voted with
the other four, who believe that con-
greSs can legislate for territories I'M
hampered by constitutional limita
lions. And now it is asserted that
''the question is settled" there is no
room or occasion for further eontro-
versy regarding it.
But here is a point that deserves
serious consideration. If the question
is settled, if the revolution is accom-
plished and must be SO accepted, then
what sort of a government have we?
What sort of a government do those
who confess to who declare that ''the
question is now settled?" They con-
fess that this is a one-man government;
that it is ruled by dictator, and an
cratic one at that. The imagination
cannot conceive of an exercise of
greater despotic power, and it is none
the less tolerable because it is exer-
ciSed by an official dubbed king, em-
peror, car, or plain dictator 1t is
this consideration that should fsgiye
us pause,'' for here is-Something that
deeply concerns not alien peoples
alone, but ourselves, cur dearest in
tereStS and most sacred rights.-Ex.
-s----