Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1901-06-06
pORT0R|(QD[(|j|QN
Says the Constitution and Flag
Gravel Separately.
BRYAN AND JUSTICE HARLAN
Review the lnsular Decision Congress
Has no Existence and Can Exercise
no Authority Outside Of the
Constitution.

- ~--O
Constitution.
William J. Bryan gave out an extended
statement bearing on the supreme court
decision in the insular cases, at Lincoln,
Nebraska, Saturday evening. Mr.. Bryan
saidin part:
"By vote of to the supreme court
has declared President Mckinley en-
peror 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 Immediate
ly afterward, a majority Of the court,
composed of Justices Brown, Gray,
White, 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
constitution. Chief Justice Fuller and
Associate Justices Harlan, Peckham and
Brewer dissented in strong and vigorous
language, but the opinion of the major
ity-even majority of one-stands
until it is reversed.
"This is one of the most important
decisions, if not the most important ever
rendered by the court. It not only de-
clares that congress is greater than the
constitution which created 1.-THE crea-
ture greater than the creator-but it
denies the necessity for written consti-
tuition. The position taken by the court
is defended, or rather excused, by rea-
soning 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 decision nullify-
ing all limitations placed by the consti-
tuition on congress when dealing with
the citizens of the several states. If the
Porto Ricans can trust the wisdom and
Justice of congress which they do not
elect and cannot remove, why do the
people of the United States need con-
stitution to protect them from congress
which they do elect and can remove?
The decision in effect declares that the
people are not the source of power. 1t
defends taxation without representation
and contends that the governments de-
rive their just power from the consent
of the governed.
at assails the foundation of the re-
public and does SO ON the ground OF
expediency.
DISSENTING OPINIONS.
1.-THE dissenting opinions bristle with
precedents and burn with patriotism.
They ought to awaken conscientious re-
publicans to realization of the meaning
of imperialism.
"This decision, like the bred Scott de-
cision, raises 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.
"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 consti-
tuition in providing for equal trade
privileges was that no section subject to
the United States sovereignty shall ever
become the victim OF discrimination.
This principle is in line with the very
foundation principles Of this government,
which contemplated that all the people
of the United States should have equal
privileges, should be exempt from dis
ordinations and should enjoin the inn
munities which the constitution makers
conceived to be essential to the per-
petuity Of free institutions"
After an extended summary of Justice
Browns reasoning, Mr.. Bryan con-
tinues:
Throughout the majority opinion,
delivered by Justice Brown, runs the
theory that the American congress may
do anything not forbidden in the consti-
tuition. This is one of the most repug-
nant features of this opinion. Justice
Brown seems to have searched the con-
stitution for prohibitions rather than for
that grant OF power which the American
people have always conceived to be the
true office OF that instrument"
Mr.. Bryan concludes as follows:
"To what glorious field for inspection