The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-01-07
CIrCuIatiuu Statement.
Tic cnn.tttution in Court.

The Constitution in Court
Every intelligent reader OF American
newspapers viii have noticed the eX-
IRENE respect and courtesy which they
invariably show TO the United States Su-
preme Court and. Individuality to the
members OF that august tribunal It is
The one branch of our Government which,
50 far. has been kept clean and sweet
The American people cling to their faith
in It's incorrupubIitiy and its wisdom and
honesty. all the more since being unhap
rily convinced that the executive depart
nlent Is liable al any time to pass under
The control of influences defiant of the
Constitution. corrupt and even criminal,
and that national legislation is rapidly
becoming matter OF barter and sale
If anything is to be saved OF the IN
stitutions handed down 10 US by the Rev
dictionary fathers, the Supreme Court
must continue to be regarded with abso-
lutte confidence by the citizenship OF the
country. No member of 1t must ever be
open TO The suspicion of being Influenced
il MS reasoning. MS construction Of Con
stiJurion or law. or IN his official cOnclu-
sions. b. extraneous influence of any
kind. direct or indirect, whether it take
the form Of executive patronage, or pri-
vate bride.
We are reluctantly impelled 10 take up
this subject. for The reason that we fear
shadow has been cast upon the Supreme
Court, and a shock given TO the country
b. the Administration. in selecting a time
like the present. when a great constitu-
tIonaI issue is on trial TO confer positions
Of considerable trust and emoIument upon
The sons OF two Supreme Court Justices.
That those distinguished and honored iu-
rists are entirely innocent Of any connec-
ton with the grave executive indiscretiOn
referred 10 We are convinced; but that
consideration does not alter the natural
tendency Of the act
When taken IN connection with the po-
sition of the Administered on, and of the
Republican party and its trust and mo-
nopoly control, IN relation to the question
Of the Constitution and the flag, color at
least would be given to the theory. that
the appointing power hoped the fathers
might be affected in their views and judg-
nent by sense of gratitude for place and
honors given 10 their sons
Al thinking Americans know what de-
pends upon the decision of the Supreme
Court in the Porto Rican and Philippine
tariff cases. # it should go against the
Administration. then the popular verdict
that the oppression and starvation Of the
unhappy Porto Ricans for trust benefit is
a direct violation Of the Constitution. viii
stand. the UHbroken line Of decisions of
the court for eighty years, that the term
United States covers all territory under
rational sovereignty. viii be reafirmed:
our insular territories viii gain their
right to free trade with other parts of
the Ulien. and the Republican prob ibitiye
tariff system for monopoly only viii re-
caIva a deathbIow-
When we consider how many trusts and
combinations Of IN oppressive character
are interested in securing a decision ad-
verse 10 The Constitution. and endorsing
The policy and practice Of the AdmiuIstra-
ton IL holding that territories not or
gained into States are outside the Con
EJIlurion, and may be regulated and gov
erued without reference 10 It's provisions
or prohibitions. 1t Is MOI difficult 10 IN
ders,and that no effort would be spared
hope. b. the mGEopoHsts and their po-
HrlcaI allies.
He 1ay hoped Tor against hope" be |
cause that describes tins situation. All |
he leading constitutional lawyers Of The !
country except possibly one or Two in
tn employ of the trusts. hold wi-h Chief
Justice Marshall. who said. in his opinion
in the Loughborough case. decided IN 1870:
Tho powe then. 70 I4y and collect duties.
llaposL-. I'D cle-es Iu4y bg aEeFelssd and must
b exercised throughout Use tRit-d >tate-. Does
tli- term designate thF THolc or any particular
portion al the American Empire. Certainly this
question ,eH admit of but ono a.sUer- Il is tile
gwen ta great Rep-'ii.. which J. COM
p0se< W states and Tcrri-urr-, Tie District oT
Columbia. tie TERRITORY s=e~r Of the Missouri
j. Has les within gh- United States th4u MARY
land OF PeHH-l ralil- and ID is les necessary
or the pllasipie~ ri o1ar Constitution that uni
fC.lGitg IE Size imposition OF ilugCet= duties and
czel>es should be- Observed j.. than the other
TIE position taken by axe Supreme |
Court in Chief Justice Aiarsfaus time is |
he position today OF Republican lawyers |
Ike e2-President Harrison and ex-Sena- |
tor George f. E#oiunda- Neither of these :
gentlemen enteruaias the slightest doubt /
that the present bench VIII adhere 10 the |
ancient landmarks. While the Admins |
IraL-CHs ara me interests BthlDd II. pre- /
tend cont fence in decision which. il |
rendered. would 0yerturn all precedents |
and all ACCEPTED constructions for cen
fury. and deprive the Constitution Of its !
power Owe The governmental agencies ii |
created. there Is little doubt that the |
outcome Is looked forward 70 with fear
and trembling
In the meantime the public mind is
easy about the Supreme Court as al pres
ent constituted. Nevertheless. ugly re
marks viii be made By people in various
parts Of the country where the cfrcu-.l-
stances are not as familiar as they are
in Washington, il any more places are
fcand for members Of the families Of Su-
preme Court Justices. Dsndente lite. Even
On 50 low a plane as the interests OF deco
rum. we trust that Mr. Mckinley will |
reserve any mere such fayorS until after |
the decision is in
HanIiness Among Cadets.
Tae most peculiar circumstance in con-