The Penn's Grove record., 1901-06-07
The PENIS Grove Record
FRIDAY, JUNE 7, 1901
Bryan Criticises the Supreme Court.

NOtWltlStdnQlng W m, y, bryan Has
been declared politically dead for some
months, yet his opinions are considered
OF SO much importance that they are tele-
graphed all over the country and pub
lished in daily papers OF different politics.
No other private citizens opinions are so
widely published and read, consequently
his criticism of the decisions made by the
u. S. Supreme Court on the Porto RIGA
cases will be read with interest.
Taking for his text the words, EN-
peror Mckinley" W. J. Bryan has Civ
en- an extended statement bearing on the
Supreme Court decision in the insular
cases. Mr.. Bryan declares the Supreme
Court has joined hands with the Presi-
dent and Congress in an effort to change
our form of government, and he calls on
the people to repudiate the verdict. MIR.
Bryan says, in part:
'By a vote OF five to four, the Supreme
Court has declared President Mckinley
Emperor of Porto Rico, and, according to
the press dispatches, the Emperor has
gladly and gratefully accepted the title
conferred upon him by the highest judi
cial tribunal of the land.
"Those who were encouraged to believe
that the Constitution had caught up with
the flag were doomed to disappointment.
In the Downes case, decided Immediately
afterward, a majority of the Court, COM
,Nn1nI sf T,,rtt,na prnup ErDV Nhffa
Shiras and McKenna, held that Congress
could deal with Porto Rico, and the same
logic applies to the Philippines, without
regard to the limitations of the Constitu-
ton. 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 reyers-
ed. This is one OF the most important
decisions, if not the most important, ever
rendered by the Court. 1t not only de-
clares that Congress is greater than the
Constitution which created 1.-THE crea-
ture greater than the creator-but it de-
mics the necessity for a written constitu-
ton. 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 Justice Brown
could be used with even more force to
support a decision multiplying all limita-
tions placed by the Constitution on Con
gress when dealing with the citizens OF
the several States. II the Porto Ricans
can trust the wisdom and justice Of a
Congress which they do not elect and
cannot remove, why do the people
OF, the United States need a Con-
stitution to protect them from a Congress
which they do elect and can remove?
The decision, in effect, declares that the
people are not the source Of power, it de
tends taxation without representation
and denies that governments derive their
just power from the consent Of the goy
erned.
FOUNDATION OF III REPUBLIC AssAu.ED.
at assails the foundation of the Repub-
lie, and does so on the ground Of expedi-
ency, The dissenting opinions bristle
with precedents and burn with patrio-
tism. They ought to awaken conscien-
tious Republicans to a realization OF the
meaning OF imperialism.
''This decision, like the bred Scott de
'cision, raises a 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 our government, but there yet
remains an appeal to the people.
''In order to fully understand these
opinions it must be known that, in ruling
that the Dingley tariff rates could not pre-
vail 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, a law enacted for
the purpose OF levying tariff duties
against a foreign country could not be APP
piled in levying tariff duties against a
country that was not foreign
'In other words, if, Immediately after
the ratification Of the peace treaty, Con
gress had enacted a 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 a formal act OF
Congress establishing these rates as apply
ing to Porto Rico. The logic Of this opin-
ion, as it applies to the right OF Congress
to levy tariff customs, would make it pos
sible for Congress to levy tariff duties on
articles coming from any Territory OF the
United States.
FAB TO OUR NEW POSSESSIONS.
"With respect to our new possessions,
the decision is an unfair one, because it
denies to them equal trade privileges with
other portions of the United States, whose
sovereignty has been established over
them, and the purpose of the Constitu-
ton in providing for equal trade privil-
eyes was that no section subject to United
States sovereignty shall even become the
victim of discrimination, The principle
is in line with the very foundation prin-
ciples of this Government, which con-
templates that all the people of the Unit
ed States should have equal privileges,
should be exempt from Determinations,
and should enjoy the immunities which
the Constitution makers conceived to be
essential to the perpetuity of free institu-
After an extended summary Of Justice
Browns reasoning, Mr., Bryan continues:
Throughout the majority opinion de-
livered by Justice Brown, runs the theory
that the American Congress may do any
thing not forbidden in the Constitution.