The age-herald., 1901-06-06
MR. BRYAN ATTACKS SJ-
 PREME COURTS DECISION

The Hon. William Jennings Bryan has expressed an opinion on the recent Su- preme Court decision on the insular test cases. Taking for his text Emperor Mo- Kinley," MT. Bryan declares the Supreme Court has joined hands with the Presi- dent and Congress in an effort to change the existing form of government, and he calls on the people to repudiate the yer dict. MT. Bryan says in part:
 By vote of to 4, the Supreme Court has declared President Mckinley Elm peror of Porto Rico, and according to the press dispatches the Emperor has gladly and gratefully accepted the title con- ferred upon him by the highest judicial tribunal of the land
 Those who were encouraged to believe that the Constitution had caught up with the flag were doomed to disappointment. Tn the Downes case. decided immediately afterward, a majority of the court, con- posed of Justices Brown, Gray, White, Shira and McKenna, held that Congress should deal with Porto Rico. and the same logic applies to the Philippines. without regard to the limitations of the Constitution. Chief Justice Fuller and Associate Justices Harlan, Peckham and Brewer dissented in strong and vigorous language, but the opinion of the majority even a majority of one-stands until it is reversed.
 This is one of the most important de- cisions, if not the most important, ever rendered by the court; it not only de- clares that Congress is greater than the Constitution which created 1.-the crea- ture greater than the creator-but it de- nies the necessity for written Constitu- tion. The position taken by the court is defended. or rather excused. by reason ing which, if followed out. will destroy constitutional liberty in the United States Every reason given by Juytice Brown could be used with even moro force to support a decision nuilifying all limta- tions placed by the Constitution on Con gross when dealing with the citizens of the several states
 'If the Porto Ricans can trust the wis., dom and justice on Congress which they do not elect and cannot remove, why do the people of the United States need a Constitution to protect them from a Con- gress which they do elect and can re- move. The Qecison, in effect. declares that the people are not the source of power; it defends taxation without repre- sentation. and denies that governments derive their just power from the consent of the governed
 Tt assails the foundation of the Re- public, and does so on the ground of expe- diency. The dissenting opinions bristle with precedents and burn with patriotism They ought to awaken conscientious Re- publicans to a realization of the meaning of imperialism.
 'The decision, like the Dred Scott de- cision, raises political issue which must be settled by the people. The Supreme Court has joined with the President and Congress in an attempt to change the form of government but there yet re- mains an appeal to the people.
 'Tn order to fully understand these op- inions. 1t must be known that in ruling that the Dingiey tariff rates could not prevail against Porto Rico, the Court did not act on the theory that the Constitu- ton followed the flag during any of these periods under consideration.
 This ruling was made because, in the opinion of the court. law enacted for the purpose of levying tariff duties against a foreign country could not be applied in levying tariff duties against a country that was not foreign
 ''In other words, if Immediately after the ratiflcaton of the peace treaty Con- gress had enacted law levying the Ding ley rates, especially 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 formal act of Congress establishing these rates as applying to Porto Rico. The logic of this opinion, as it applies to the right of Con- gress to levy tariff customs. would make 1t possible for Congress to levy tarir du-