Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1901-06-02
WILLIAM ]. BRYANREvEWS
SUPREME COURT OPINIONS.
DECLARES THAT PRESIDENT Nc
kINLEY HAS BEEN DECREED
AN EMPEROR.
HE HAS ACCEPTED THE TITLE.
SUPREME CbURT MAKES CONGRESS
GREATER THAN THE con-
STITUTION.

LINCOLN, Neb., June Taking for
his text the words, Emperor McKin-
ley" William ]. Bryan tonight gave
out an extended statement bearing on
the Supreme Court decision in the in
sular cases. Mr.. Bryan declares the
Supreme Court has joined hands with
the President and Congress in an eff
fort to change u form of government,
and he calls or the people to repudiate
the verdict. Mr.. Bryan says, in part:
by a vote of five to four, the SUI
preme Court has declared President Nc
Kinley emperor of Porto Rico, and
according to the press dispatches the
emperor has gladly and gratefully ac-
cepted the title conferred upon him by
the highest judicial tribunal of the
land.
Those who were encouraged to be-
lieye that the constitution had caught
up with the flag were doomed to dis
appointment. In the Downes case, de-
cided Immediately afterward, a 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 APP
plies to the Philippines, without regard
to the limitations of the constitution.
Chief Justice Fuller and Associate JUS
tees Harlan, Beckham and Brewer dis
sented in strong and vigorous language,
but the opinion of the majority-even
a majority of one-stands until it is
reversed. This is one of the most i'm
nnrfo nj IoeicinnC If nnf the most i'm
portant, ever rendered by the court; it
not only declares that Congress is
greater than the constitution, which
created 1.-THE creature greater than
the creator-but it denies the necessity
for a written constitution. The posi-
ton taken by the court is defended, or
rather excused, by reasoning which, if
followed out. will
Destroy constitutional Liberty
in the United States. Every reason
given by Justice Brown could be used
with even mor force to support a de-
cision multiplying all limitations placed
by the constitution on Congress when
dealing with the citizens of the sew
eral States. If the Porto Ricans can
trust the wisdom and justice of a Con-
gress which they do not elect and can
not remove, why do the people of the
United States need a constitution to
protect them from a Congress which
they do elect and can remove? The
decision, in effect, declares hat the
people are not the ource of power, it
defends taxation without representa-
ton and denies that governments de-
rive their just power from the consent
of the governed.
1T assails the foundation of the re-
expectancy. The dissenting opinions
Dristle with precedents and burn with
patriotism. They ought to awaken con-
scientious Republicans to a realization
or the meaning of imperialism.
This decision, like the bred Scott
decision, raises a 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.
In order to fully understand these
opinions, it must be known that in rul-
ing that the Dingley tariff rates could
not prevail against Porto Rico the
court did not ACT on the theory that the
constitution followed the flag during
any of these periods under considera-
ton.
This ruling was made because. in
the opinion of the court, a law enacted
for the purpose of levying tariff duties
against a foreign country could not be
applied in levying tariff duties agains.
n onrntryy that A.-o- -
In other words, if Immediately after
the ratification of the peace treaty. Con-
gress had enacted a law levying the
Dlngley 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
A Formal Act of
establishing these rates as applying to
Porto Rico. The logic of this opinion.
as 1t applies to the right of Congress
to levy tariff customs, would make il
possible for Congress TO levy tariff
duties on articles coming from auy ter
rltory of the United States.
With respect TO our new possessions
the decision is an unfair one because it
49," " tACHi t4udl lIduS privileges
with other portions of the United
States, whose sovereigns mas been es-
taolished over them, and the purpose
OF the constitution in providing for
equal trade privileges was that one sec
ton subject TO United States sovereign
ty shall ever become the victim of dis
elimination. The principle is in line
with the very foundation principles OF
this government, whicl contemplated
that all the 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 es-
sential to the perpetuity OF free insti-
tu~tions.'
After an extended summary &C JUS
tice Browns reasoning. Mr.. Bryan
continues:
Throughout the majority opinion de-
livered by Justice Brown runs the
theory that the American Congress may
do anything not forbidden in the Con-
stitution. This is one Oh the most re-
pugnant features of this opinion. Jus
tice Brown seens TO have searched the
Constitution for prohibitions, rather
than for that grant of power which the
American people have always conceived
to be the true once OF that instrument
MI. BrY3uaconclpdes as follows.