Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-06-06
WILMINGTON. THURSDAY. JUNE 0,


- ID
Mr.. Bryan and the supreme Court.
The editor of The Commoner gave
out M extended interview In Lincoln,
Neb., on Saturday on the Supreme
Counts decision In the insular cases,
10 which be took occasion to sarcastic
cally excoriate emperor Mckinley"
We do not object to the latter in the
least, as our opinion Of that "poten-
tate" is OF such q nature TINT we
always experience satisfaction when
anyone succeeds In punoturing his
mask Of whitsnsd Apprehension; tnt |
We are unable to follow MIR. Bryan In
the ipferential deductions ho draws |
FROM his Interpretation of the courts
decision. He truthfully enough says
that the decision is one of the most i'm
portant, II not tho most important, ever
rendered by the court; but be Is wrong
when he declares it means that Con-
gress il greater than the Constitution
which creaIed it,
In the first place, that question was
not involved in the cases before the
court-in fact. could not be involved
in any case, except where Congress
should decline to recognize Constitu-
tional restriction; and, in the second
place, the courts decision was nothing
more than an elucidation and defining
OF the limitations OF Congressional func-
tion acting In accordance with and
under the immediate control Of Consti
tutional law. In other words, the deci-
sion was further and greater contribu-
tion toward the deter mination Of Con-
gressional authority and obligation.
To assume that the line OF interpreta-
tion enunciated by the court will tend
20 destroy Constitutional liberty in the
United States is absurd. Constitu-
tional liberty means existence under
Constitutional law, but it is state
that only obtains where the Constitu-
tion is in force. The questions before
the court did NOT involve Constitution.
alism, form of government that
definitely materialized in this country
in 1888, aad which Mr.. Bryan would
have us believe is still under discus
sion, but the rights and duties Of Con-
gress in governing newly acquired ter
ritory, an altogether different subject.
lie would have preferred the court to
have declared that the Constitution
automatically applied itself to such ter
ritory, a decision that from the courts
point of view would have been para
doxical and assertive of an anomalous
condition in which the people are help
less and unable to intelligently govern
their own property.
1t is very clear that Mr.. Bryan is the
victim Of his own sophistical reasoning.
If he had considered the matter in a
temperate manner and free from politi-
oal bias he would have discovered that
so far from the courts decision enlarg-
ing the powers of the President i5 has
distinctly limited them. Never before
has President of the United States
been go rebuked. He has been fatty
and definitely told by the Supre me
Court of the land that he is subordinate
10 the Congress of his country and thai
in the administration of alien territory
held by the United States he is merely
the agent of his PEOPLE and cannot OK
eroise any authority other than tina
granted him constitutionally and by
special act Of Congress. One is sur
prised that the political eye of our de
funct free silver candidate failed tt
see this. He might have reflected thai
in all probability the decision ha
already exercised salutary effect b,
causing the Emperor to promptly re
fuse to accept ths Rootianized Plat
amendment from the Cuban convention
1t is not as safe to tamper with Con
gressicnal law now as formerly.
Indeed, it is matter for genera
felicitation that the powers of tn
President have thus been definitel
limited. In the hands Of the Hon. vii
liam Mckinley they have manifested
tendency of late to expand beyon
hounds and he is a very good sort q
President to make an example Of
Concerning the tariff phase of til
courts decision our fiat uoney philost
pher says:
In the courts opinion, the legalit
Of tiny tariff rate between Porto Ric
and the United States simply waite
upon formal act Of Congress establish
ing these rates as applying to Port
Rico The logic of this opinion, as
applies to the right of Congress to lev
tariff customs, would make it possib
for Congress to levy tariff duties q
articles coming from any Territory
the UNITED States, !"
The latter part Of this statement
not correct, as Mr.. Bryan we'll know
unless he failed TO read the full text
the courts opinion. The right of Co
gress to levy tax on goods comb
from within the jurisdiction of teri
t9rIal government was the main olai
of the administration and it was di
Timothy denied by the court. 1t can,
the construction of the Constitute
now stands, only levy tariff tax
articles coming from territory n
having aterritorialIor State,goyernmer
Hence. IL follows that Mr.. Bryan
''logio'' is mere sophistiy, for the pc
pie are nov in a better position
speak through their national represe
tatiyes than ever before. If Congr,
controls the situation and Congress su
expand, why, the only thing we can
is to expand.
When it comes to the question
whether the Supreme Court was rie