The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-21
STRANGE DELAY
When the Country Is Anxious to
Know Where 1t Is AT.
New York Herald.

Know Where 1t Is At
New York Herald.
WHAT is the matter with the supreme
court of the United States?
It's failure to hand down on Monday its
long-waited decision in the cases in
volving the constitutional status of Porto
RIGA and the Philippines is grievous
disappointment to the country.
All the facts and arguments were ex-
hausted in briefs of opposing counsel
and have now been in possession of the
court for many months. Questions of
vital Importance, not only to the future
or the government, but to immediate
business interests. hang upon this de-
c1s1on, and there seems no valid ex-
cuse for the interminable delay.
1t would be unfortunate if the Ameri-
can people should receive the impression
that the court is withholding it's de-
cision for political reasons. That au-
gust judicial tribunal has nothing To do
with politics. The sworn duty of its
members is to interpret and apply the
Fundamental law regardless Of effect
upon administrations, parties or policies.
and the country Is entIled to a decision
On the questions at issue.
In less than a fortnight the court will
adjourn and the continued delay excites
apprehension that the answer to these
tober term. Meanwhile the unfortunate
people of Porto Rico-upon " hose prod
ucts tariff was imposed despite the
presidents previous declaration that 1t
was "our plain duty to give them free
admission to our ports-are in pitt
able condition, and some of their rep
resentatives do not hesitate to declare
that they are more miserable than when
under the tyranny Of Spain.
TO-; 0JoTIs
pines by the army board and revised by
the Taft commission is now in the hands
of the secretary of war, and if the SUI
preme court fails to decide before ad.
journment this VIII be put into immedi-
ate effect by the military arm Of the
government. The judges should appreci-
ate the inestimable Importance of nand-
ing down its decision in order that the
administration and the people may know
where they stand. This is pre-eminent-
ly an instance In which delay is mis-
chievous and dangerous. If they were to
wait for twenty years the judges could
not obtain any further data, and to
indefinitely postpone decision is ia
virtually nulltfy the constitution.
Let us know ''where we are at" The
constitution is the creation net Of con-
gress, but Of the people, who placed it
above and out of the reach of congress
and PROVIDED their own methods OF
amending 1t. Congress mas no powers
save such as are derived from it. Has
congress, independently Of the provisions
of the fundamental law, power to rule
millions Of people as subjugated colonies
are ruled by imperial governments?
Is this arbitrary exercise Of sovereignty
in accordance with the will of the people
as expressed in the constitution as it
stands?
1T is for the court to answer this af-
Tentatively or else to assert that when
the Stars and Stripes are hoisted over
a people who yield it allegiance the con-
stitutional rights and guarantees Must
shelter those VINO come under the flag.
Trade with the newly acquired pos
sessions cannot be placed on a stable
basis while this question, upon which de-
pend tariffs and policies, remains in
doubt. OF Infinitely higher Importance
is the question of human liberties in
volved. When the constitution in the
past has been found not in conformity
with the will of the people it has been
amended, and If the Interpretation now
so anxiously awaited should Snow that
the instrument is not in accord with the
wishes of the country it can be again
amended; but, in any event, the people
are entitled to decision from their
highest judicial tribunal without further
delay.