Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-06-01
a JUDICIAL HODGE lodge.

The universal criticism called forth
NV the Supreme Courts conflicting de-
cisions on the insular cases reminds
one of the partisan howl raised in the
national campaign of 1896 over the
very mild Democratic platform criti-
cism OF the Supreme Courts income tax
decision. That decision was hardly a
murmur compared to the bold and loud
denials of 10th the legality and justice
of the Supreme Courts decisions in the
present instance, voiced in man, cases
by the very organs that howled loudest
and shouted Anarchy" most persis-
kently at the Democrats in 1896. Thus
the New York Herald right in the home
of Plutocracy:
.sThe more the majority decision in the
leading insular case, with the ambiguous
and conflicting opinions of its supporters,
is examined, the more absurd and mis-
chievous it appears. Going as it does to
the very heart of our form of government,
1t is difficult to speak of it with patience
or moderation. 1t is we'll calculated to
lessen the respect for the court, since it
is more deplorable than the bred Scott
decision with the legal tender and income
tax reversals all put together. We speak
thus plainly of it not with any reference
to current politics or policies, but as a
constitutional exposition, or, rather, judi
cial hodge podge."
The Herald is justified in it's criti-
cism. Neither lawyer nor layman have
been able to agree as to the meaning
or scope of these decisions. AS the
Herald says, it is not surprising that
"some newspapers have announced that
the constitution follows the flag and
others that it does not, that some have
proclaimed that Porto Rico is a part
of the United States and others that
it is not, That some have insisted that
the fundamental law of the nation ex
tends to the new possessions and others
that it does not. Inconsistent and con-
f1icting as these statements are, they
simply mirror the majority opinions in
the Downes case"
For instance, 1.-The five justices who
assented to the decision dissented as to
the grounds on which it was based.
They agreed that Congress might i'm
pose a tariff on Porto Rico, but they
disagreed as to the reason and all else.
Justice Brown held that the island be-
longs to the United States but is not a
part of it. Justice White, speaking for
himself and Justices Shiras and Nc
Kenna, reasoned that Porto Rico is
not a foreign country, since it is sub
ject to the sovereignty of and owned
by the United States, but it is foreign
to the United States in a domestic
sense, because that island has not been
incorporated into the United States
Justice Brown thinks the constitution
does not extend to Porto Rico, because
it deals only with States Justice
because Porto Rico is MOI incorporated
into the United States They. agree
that in the matter of governing the
island Congress is unhampered by the
constitution, and yet Justice White ad-
mits and Justice Brown does not deny
that Congress is bound by the consti-
tuition with respect to personal rights
touching life, liberty and property. In
other words, they hold that Porto Rico
is at once a foreign and a domestic
country, that the constitution does and
does not apply to it, that the will of
Congress is and is not there supreme.
The confusion is worse COMPOUNDED by
q third opinion from Justice Gray, who
also has his grounds for c%oncurring
in the remarkable judgment"
And then the Herald, which has been
called a Plutocratic organ, out-herods
the Democratic convention of 1896 in
this wide open criticism of the highest
court in the land:
Can such an amazing exhibit of judicial
conflict and absurdity either re-
spect for the highest court of the nation or
prove acceptable to the country? Opposed
to principle and precedent, undermined
with the dissent of it's own trainers, based
on a bare majority of one, protested
against by all the rest Of the court as
'overthrowing the basis of our constitu-
tional law" can it be said to settle even
the one special point it decides, to say
nothing of the monlentous issues it throws
into dispute? In short, can 1t endure per-
manently and Withstand the attacks that
time and its own weakness are sure to
bring? We think not.
We believe that it is only a question of
a short time when 1t must give way to the
corner stone principle of our government.
maintained by the four minority members
OF the court, headed by the Chief Justice.
that wherever the flag floats and Ameri-
can sovereignty extends the constitution
is the supreme law to which President,
Congress and the people must all bow.
- New York magistrate gave ! pref