The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-03
The President and the philippines.

From all that could be gathered on
the question this morning, the matter
OF calling or not calling an eXtraordi-
nary session of Congress viii be decid-
ed at the Cabinet meeting tomorrow
It is understood that the two most emf
neut lawyers connected with the Ad-
ninistration, Secretary Root and Attor-
ney General Knox, as. yet have been
unable to reach an agreement concern
ing the power Of the President to es-
tablfsh a civil government in the Phil
ippines and under 1t to levy customs
duties upon goods from the American
territory at our ports. Mr.. Root, it is
reported. does not think that the
Spooner resolution, delegating legisla-
tive and judicial authority in the archi-
pe}ago to the executive. is adequate
aside from the question Of power in
Congress to delegate its constitutional
functions to the President or any
other Individual Mr. Knox. we are
told. takes different view Of
the situation. and believes that the
Spooner resolution affords ample au-
thority for treating the Philippines as
foreign soil for purposes of taxation
Both gentlemen doubtless are in &C
cord upon the proposition that were
Mr. Mckinley 70 rely upon his war
powers and continue in strict Mill
tary pnssessi0n and rule. under
the Brown decisions he might
collect any tariff exactions he
pleased. until Congress should provide
a civil government as IL did for Porto
Rico. and a tariff specially applicable
10 the territory. Solicitor General Rich
ards. il is said. agrees with the Attor-
ney General. and Is Of the opinion that
what authority the Spooner resolution
does not confer is given by the McEn-
cry resolution. passed eight days after
the ratification of the Treaty Of Paris.
It reads as follows:
Resolved That the ratification Of the Treaty
Of Peace DIfh spain II is not INTENDED 90 moor
porate the inhabitants Of the Philippine Islands
into citizenship OF the United States nor Is II
intended permanently annex said Islands as an
integral part Of the territory OF the United States
but Il Is the intention OF the United states 70
establish on said Islands a government suitable
To the wants and conditions OF the inhabitants
OF said Islands to prepare them Tor local sell
government. and in due time to make such dis
position Of said islands VIII best promote the
interests OF the citizens OF the United States and
the inhabitants OF said Islands.
The objection to Mr. Richards posi-
ton is that the McEnery resolution
seems TO contemplate holding the Phil
ippines not as property belonging or
appurtenant to the United States but
IN the way of a temporary occupat ton
and .overIordship. which might or might
not be made permanent IN the future.
according 10 circumstances That reso-
luton would stand good today as far
as anything contained in II would affect
executive action. But it was suppressed
ed by the Spooner resolution. # that
measure be held constitutional. and-un-
der the latter, should the President
esta bIish and proclaim a civil govern
ment, the possession of the islands as
a part of the national domain would,
ipso facto. thereby also be proclaimed.
and nothing could be done to shut out
Philippine products from our mainland
markets by prOhibitive duties pending
Congressional legislation.
As-was explained in our morning edi-
ton the President, having promised
the FTupinos civil government by July
next, desires to keep faith with them,
and justly argues that a postpOnement
Of that much-desired boon would be apt
70 create suspicion and unrest among
the natives. and, not improbabIy, an
other uprising Like other leaders OF
his party, Mr. Mckinley would gladly
avoid a midsummer session. but the
chance for it IS strong, unless the legal
luminaries Of the Cabinet can agree
upon way out of the difficulty Should
il become necessary to call one. as IL
would bring new Congress On the
scene, the business Of the session could
be limited by the power Of the Speaker
to refrain-illegaIly, Of coUrse-from
appointing any House committees other
than those needed 10 handle the mat
sers proposed by the Administration