The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1901-06-01
America Still a Republic.

America Still Republic.
Under this heading Hearst's Chicago
American has the following to say on
the decision of the supreme court:
There is to be no empire under the
American flag. The supreme court has
made that perfectly clear. On the de-
tail Of the right of congress to levy
duties on goods passing between Porto
Rico and the mainland of the United
| States, the government Is sustained.
But on the fundamental question as to
whether the constitution follows the
flag, the decision is for the republic.
| The new doctrine advanced by the
administration was that the creature
was greater. than his creator. On this
theory, the president, who owes his
existence to the constitution, and who
but for the constitution would be only
plain William Mckinley, of Canton,
Ohio, could rule vast regions and mil
lions of people outside Of the consti-
tuition. In Porto Rico and the Philip
pines he could be car, reigning by his
own will and restrained only by a COL
lection of other cars, called congress,
The supreme court has given that
pretension it's eternal quietus. 1t up
holds the Porto Rican tariff-true; but
it does so, not on the ground that the
president and congress have the power
to make laws for Porto Rico outside
of the constitution, but on the ground
that making tariff for Porto Rico is
one Of the powers they possess under
the constitution.
This decision leaves intact all the
constitutional guarantees of civil lib
erty for the Porto Ricans. It puts
Porto Rico on level with the other
American territories-with Arizona,
with New Mexico, with the District of
Columbia. 1t is little startling, of
course, to be told that congress may
constitutionally levy tariff duties
against Arizona; yet that is not a nov
ell doctrine. 1t has often been adj
vanced before and is sustained by the
strict letter of the constitution. 1t is
trivial matter compared with the por-
tentous assertion that the constitution
itself has been outgrown.
The court has unanimously sup
pressed the presidents aspirations to
act as dictator. Congress is the law
making power, it tells him, not he.
His collection of duties by his own au-
thority between the time when the
treaty Of peace was ratified and the
time when congress framed tariff for
Porto Rico was absolutely illegal, and
every cent so collected must be re-
turned.
The policy of the administration mar
rowly escaped total shipwreck. -Four
of the nine justices voted to annul the
tariff law on the ground that Porto
Rico had been Incorporated into the
United Stetes. A change of single
vote would have left not shred of the
presidents program. -Four Of the five
justices who formed the majority be.
lieved that the constitution followed
the flag, and only one out of the nine
members Of the court held that Porto
Rico could be governed outside of the
constitution.
Porto Rico is an American territory.
Its flag is the Stars and Stripes. The
American republic has not begun to
contract.
There are still some important mat
ters to be cleared up. The court has
not yet decided the Philippine case,
nor has it ruled directly on the ques-
ton Of citizenship. The obiter dicta
Of Justice Brown, intimating that
Porto Ricans are not citizens, cannot
be considered Of great Importance, in
view of the fact that he was the only
Justice who held that the constitution
did not extend to the new possessions.
When the decision is clearly under
stood, it ought to have an excellent
effect, both in Porto Rico and in the
Philippines. The persistence Of the
Philippine insurrection has been large
ly due to the reluctance Of the Fill
pinos to submit to arbitrary govern
ment outside Of the constitution. Presi-
dent Mckinley, it may be remembered,
picked out certain clauses of the con-
stitution and sent them over to the
Philippine commission to be observed,
not as part Of the fundamental law Of