The times., 1901-06-06
The Administration Cropping.

The Administration Cropping.
Nothing could more conclusively be-
speak the incoherent inconsistent, and
altogether unsatisfactory nature of the
recent decisions bearing upon the
status of the islands acquired from
Spain than the fact that they have
left the Administration itself all at sea.
Ordinarily the courts, and especially
those of last resort, are supposed to
interpret the laws-to remove obscure
ties. and make their meaning abso-
lutely clear. In these cases, however,
it at once became necessary for the
highest law officer of the Government
to begin a laborious investigation in
order properly to interpret the decisions
themselves, and the effort seems to
have been most eminently unsuccessful
So far as the mere consdtutonallty
of the Porto Rico tariff is concerned,
the Downes judgment is clear, what
ever may be said Of the arguments by
which the Judgment is sustained. The
trouble is with reference to the Philip
pines. It will be remembered that upon
the argument of these cases the former
Attorney General (Griggs) took the po-
ton that the status Of the Philip
pines was identical with that of Porto
Rico. and his argument, as made, was
equally applicable to both. If this
view was sound. it follows as of course
Mt the decision in the de Lima case
81 lies also to the Philippines, and that
= Ill Congress otherwise provides, those
islands must be considered a part of
the United States, not merely for reve-
nue. purposes, but for all purposes. 1t
is evident though, that the Administra-
ton is not prepared to accept this view.
Neither is it ready to state clearly and
definitely any other view.
Mr. Knox, the new Attorney General,
is reported as distinguishing rather
broadly between the case Of the Philip
pines and that Of Porto Rico. thereby
taking position opposed to that of his
predecessor. It is pointed out that in
Porto Rico we had complete and undis-
puted possession, while in the Philip
pines our possession was contested by
the natives. If our title was good-and
The Times thinks it was-the fact that
a rebellion was in progress could not
possibly alter the legal status of the
islands Indeed, President Mckinley
has declared in the most solemn and
formal way that our title is good both
in law and equity Therefore it fol-
lows as Of course, from the Admins
tration's point Of view, that the Aguin
aldo outbreak could not change the
legal status of the islands any more
than a rebellion in Oklahoma would
destroy the American character Of that
Territory.
Manifestly this point is inconsistent
with the general course of the Admin
istration toward the Philippines. 1t is
not to be supposed that the Govern
ment has any idea of conceding a flaw
in our title to the islands, and there
fore the suggestion Of the Attorney
General can only be taken as indicat-
ing the extreme perplexity into which
the Administration has been thrown by
the action of the court.
This certainly is a most remarkable
result Prior to the handing down Of
these DECISIONS not a doubt had been
expressed in Administration circles as
TO the legal status of the Philippines,
and the action Of The court was ex-
pected fully to confirm the stand taken
by the Government. The decisions have
been rendered. and the President and
his advisers are completely in the air.
They hope that the court will distin-
guish between the case Of Porto Rico
and that of the Philippines, but they
have nothing tangible upon which to
base the hope.
The extent Of the Presidents author
fly under the Spooner amendment is a
matter Of grave doubt Whether the
decision in the Downes case to the ef-
feet that Congress may Iegislate spe-
ciaIly and outside the Constitution with
reference to the islands win sustain
the Spooner enactment investing the
President with practically unlimited
imperialistic power. is a point upon
which the most conflicting opinions are
expressed, and as a result the Ad-
ministration is simply cropping. 1t can
do nothing but let matters drift, hop
ing that the collection Of duties under
existing regulations will be sustained
as military uEctSsltS, anu leA-AA7 NA4AS
that the duties Wrongfuily collected
may be refunded.
+ more unsatisfactory state Of af-
fairs can scarcely be imagined, and II
/. to be ascribed solely 10 a series oi
Supreme Court decisions that are in
conflict with each other, and one OF
which is based upon reasoning" Sc
faulty and illogical that no human
being can forecast the probable action
OF the court with reference to the
Philippine case. 1t is easy to see n5N
Chief Justice Fuller and Justices Har-
Ian, Brewer, and Peckham will stand
It is just about as easy TO predict the
attitude Of Justices White, Shiras. Nc
Kenna, and Gray-but where Justic,
Brown viii be found is a puzzle.
The Cuban Opportunity.
At this time it is by no means clear
what the final action Of the Havana
Convention viii be with reference tc
the PIatt amendment. but it is en-
tirely clear that anything short Of un
qualified acceptance will not be salts
factory TO the American Government /