The Van Buren press., 1901-06-08
HRYiN SAYS SUPREME COURT
WOULD CHANGE FORM OF
GOVERNMENT.
ylgorews Statements Bearing on the
Suprpme Court Decision.

LINCOLN, NEB June l. Taking fo
his text the words, Emperor McKin
lev WIN. j. Bryan tonight gave on
an extended statement bearing on tht
supreme court decision in the insulal
cases. Mr.. Bryan frankly admits tha
the courts verdict is extremely dis
tasteful to him and. the language he
employs is more vigorous than is custo
mary with him. He boldly declares
the supreme court has joined hands
with the president and congress in an
effort to change our form of govern
tnent, and he calls ON the people to re-
pudiate the verdict. Mr.. Bryan says
In part:
''By 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 greatfully accepted the title
conferred upon him by the highest jn-
dicial tribunal in the land
a'Those who were encouraged to be-
lieve that the constitution had caught
mn with the flag were doomed to disap-
pointment. In the Downes case de-
cided Immediately afterwards, major
ity of the court, composed OF Justices
Brown, Gray, White, Shiras and Nc.
Kenna, held that congress could deal
with Porto Rico (and the same logic
applies to the Philippines) without re-
gard to the limitations of the c0nstitu-
ton. Chief Justice Fuller and Asso-
ciate Justices Harlan, peckham and
Brewer dissented In strong and vigorous
language, but the opinion of the major
ity-even u NEUTRALITY-SUSPICIOUS. until 1t is
reversed.
''This Is one of the most important.
IL not the most important, decision ever
delivered by the court it not only de-
clsres that congress Is greater than the
constitution which created 1t, the Great
ure greater than the creator, but 1t de-
MES the necessity for written consti.
tuition. The position taken by the court
Is defended, or rather excused, by rea-
soning which, II followed. will destroy
constitutional liberty in the United
States. Every reason given by Justice
Brown could be used with even more
force to support u decision multiplying
ali limitations placed by the constitu
tion when dealing with the citizens of
the several states II the Porto Ricans
can trust the wisdom and justice OF n
congress which they do not elect and
cannot remove, why do the people Of
che United States need constitution to
protect them from congress which
they do elect and can remover The de-
cIsion In effect declares that the people
are not the source OF power; 1t defends
taxation without representation and de-
MES that governments derive their just
power from the consent Of the governed
at asaails the foundation Of the re-
public and does 80 on the ground OF ex.
pediency,
1.-THE dissenting opinions bristle with
presidents and tburn with patriotism.
They ought to wakrn conscientious Re-
publicans to u realization OF the mean
ing OF imperialism.
This decision. like the bred Scot
decision, raises political issue which
must be settled by the people. The sn-
pre,nc court has Joined with the presi-
dent and congress In an attempt to
change the form OF our government,
hut there yet remains an appeal to the
people,
lin order to fully understand these
opinions 1t must be known that In rul.
jng that tho Dingley tariff rates could
not prevail against Porto Rico the court
did not act on the theory that the con-
etitution followed the flag during any of
those periods under consideration,
This ruling was made because, In
the opinion Of the court, n law enacted
for the purpose Of levying tariff duties
against u foreign country could not be
applied Ia levying tariff duties against a
country that WAS not foreign.
lin other words, ", immediately ar
tor the reaffirmation Of the peace treaty
congress hid enacted u law levying the
Dingley 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 for
tnal act OF congress establishing these
rates as applying TO Porto Rico,
1.-THE logic Of this opinion, as II mp.
plies to the rightof congress to'ievy tariff
customs, would make II possible for
congress to levy tariff duties on articles
comisg from any territory OF the United
Atates.
nWith respect TO our new posses
slons, the decision IL nm unfair one be-
cause 1t denies To them equal trade priv
ileges with other portions Of the United
States. whose sovereignty has been es'
tablished over them, and the purpose OF
che constitution IN providing for equal
trade privileges was that no section sub.
feet to United States sovereignty shall
ever become the victim OF discrimina
ton, This principle IL In line with the
very foundation principles of this gov.
eminent, which contemplated that all
che people Of the United States should
have equal privileges, should be exempt
from Determinations, and should enjoy
the immunities which the constitution
makers conceived TO be essential to thu
perpstuity OF free institutions. -
After an extended summary OF Jus
tice Browns reasoning, Mr.. Bryan
continues;
throughout the majority opinion
delivered by Justice Brown runs tn,
theory that the American congress may
do anything not forbidden In the consti
tuition. This IL one OF the most repug
ant features Of this opinion. Justic,
Brown seems 10 have searched the con
etitution for prohibitions rather thar
for TINT grant Of power which th,
American people have always conceived
70 be the true Office OF that instru
lnent.
Mr., Bryan concludes M follows
ITO what q glorious field for inspec
tion this justice Of the supreme conr
has invited the American people
"under this opinion we are about tt
embark on Great Britain = colonial pol
ICY and 10 reassure ourselves, TO quite
our conscience. we have but 10 look N
cha history Of Great Britain toward III
outlying colonies since the American
revelation, t
,,Au ipanirinu apaot aole iudaell w