The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-06-02
V.J. bryan IS CA|J2T.G
TEARS THE FEDERAL SUPREME
COURT DECISION IN DOWNES
CASE TO TATTERS
CONSTITUTION Is ovERRULED
ACCORDING TO MIR. BRYAN's
ANALYSIS OF COURTS MIA
JORITY OPINION
PRAISE FOR THE MINORITY

LINCOLN, Neb., June 1.-Taking for
his text the words Emperor Mckinley
w. ]. Bryan tonight gave out an ex-
tended statement bearing on the supreme
court decision in the insular cases Mr..
Bryan declares the supreme court has
joined hands with the president and con-
gress in an effort to change our form Of
government, and he calls on the people
to repudiate the verdict Mr.. 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
c;al 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
afterwards, a majority of the court, COM
posed of Justices Brown, Gray, White,
Shlras 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
olssented in strong and vigorous Ian
5'N'NSCJ OuI IAlS Op1ulOH OF Ll6 majority
even a majority of one-Stands until it
Is reversed. This is one of the most inn
IoFl2nt decisions, If not the most i'm
PoIIant, ever rendered by the court; it
ret only declares that congress is greater
lhan the constitution which created if
the creature greater than the creator
pLI II uemes the necessity for written
CONSTITUTION OVERRULED.
The The position taken by the court is de-
eU. npI
Whlch' II followed out, will DESTROY con-
SLltutlonal liberty in the United States
EI5Iy reason given by Justice Brown
could be used with even more force 10
81 port deci ion nUlIifying all lin tati no
Laced by the constitution on congracS
MLen dealing with the citizens of tbe
f-,,et Setdt t, states. If the Porto Ricans can
1tSI the wisdom and justice of a con
sress Which they do no elect and caDyon+
t+E {, VINO DO the people of the United
fraIIe fr@reS heeo a constitution to protect them
rom congress which they do eIec+ a1d
can remove? The decision In effoo+ III" I
otaFes os that the people are not the sou~ce
re P9%gr lit it defends taxation without
menfs idieatIon; deri-0o and denies that govern
cd,iIoS iCS ueflVe their Just power from the
consent Of the governed. 1oiii lHe
IT assails the foundation Of +bo 70
pediaIa4Ih peIi5G ana does SO on the ground of ex-
n.ona6o, ne dlssenting. opinions bristle with
tbeL o1IlE ana burn with patriotism
nIIISyioght omJS ought to awaken conscientions Pn
OF imperialism VI Ile meaning
cisfoIl ms decision, like the Dred Scott 10
be- sattIaII9 Uses a political issue which nnns+
court has has 1oyndd 10y t9e pee people. The supreme
ffom-Iess IN, In an attempt to cbanote ana ana
reIlai, 1eI1a OF our government, but tbeyo me me
IN lo order de aPoe2l P0 fufiy to the people,
tL Ttt'IlIlohs !s 1t must be known fba+ @tu IheSe
rs 5 tnat the Dingiey tarifr ro+ae III ruI,
did pn+ pI+"an against Porto Rico the coIirt
stitution foIiHat5e on the theory that the Con-
'iiese periods under considerati66n ats any
AN oPPoRTUNIsT COURT
ontninIss ms ruling was made becausa
the nurDo.e me cGart Il law enacted f1~ fn.
against - p0ss OF leVying tariff dntioS ior
applied in iIErelSn country could nor he
q I.olIu+ III ieVy1ns tariff duties ac"iee pe
.!TTpuntry that was not 'fcTete, ,"salnst
tbs roT =. r'14 words, if immeGisfeII, of+ou
gress had a., ',,It u the peace treaty, con.
ley rates speciSTI1 gT d law w !eyying the Ding
lose thoSe rates would have nraI,o olto 10 R4c0,
tariff rate b. opinion. the legality Of am NJ
United States t"e9n s EN- IPorto Rico and the
r9rns 9it.l1l ACT of congress establishing +ba.
The aI IoeId applying " to Porto Rico. 'i'e~e
to the tI rieSt oI Of TINS op-non as it apple
customs would make it possir Ie IieEy ~ Car1h
eITSS eoI]i TO levy tariff duties on 9r+inIl. IN.
SfatnSs from any territory of the In teS
th with VII, respect to our new possess,o,s
SaT 'lT ueclslon is an unfair one. becanee
Ji.leS Wirb $40 TO them equal traie privileges IS
whose soi,opoi poirtIons Of the United States,
90 sovereignty has been estabIisha}
80 80 Illen, and the purpose of tho coo
sLt9Ion IN providing for enpei 80 1otio u
to LEES LIES was that no section subject
- - OHIleQ states sovereignty shall 49,
DeCoIle the victim of diScr mirafi0n Tb:s
pI-CcIpie is in line with the very for,d..S 5i,S
co,,t c1U1t pIinclples of this government. Wh Oh
fgN1f
y E1E:ted States should have e6Ial n,jL Sie
tiCSes' should be exempt from discrin3ina-
I,55iS 1T%Hsi and should enjoy the inlmunities
Wnlch the constitution mal[erS n lsS
celyed to be essential to the neyno+ III G3n-
OF free Institutions" PSiPe'uI1y
a. AFTER e an extended summary of JUS
tinues: Diyan con-
throughout the majority opinion de-
+bot te1 "a, Dy justice Brown runs the theory
Ia. tt,Go Une american congress may do any
tIrniIins not forbidden in the constitution
Ihis is one of the most repugnant fea.
lures OF this opinion. Justice Brown
seems see to have searched the const tut on
Tor prohibitions ra her than for 49,
grant of power which the American 80
PIE nave always conceived to be tSe
true ONCE of that instrument"
IN JOHN BULLS STEPS.
MI. MT Bryan concludes as follows:
.,or What a gloriols field for inspee-
lion this Justice of the supreme court
mas invited the American peopIe
Under this opinion We are about to
embark on Great BTitain's colonial poll
ey, and to reassure ourselves. to duict
tr our conscience, We have but to look at
the history of Great Brita ms attitude
toward its outlying possessions since the
American revolution
An inspiring spectacle indeed.
I'VE may look at South Africa, where
Geeat Britain's unrestrafned possession
OF power has destroyed two promising
republics and has drenched the so | with
the blood of PATRIOTS; we NAV look at
India, whose people have been diving
by starvation for years; where on sew
eral occasions the bounty and generosity
Of the American people have been neces-
sary in order to save human beings w
ing under the sovereignty of Great Brit
ain. from death by Starvation ,,