Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-07-24
JUDGE TAFT'S VIEWS
WHAT PORTIONS OF THE CONsTITr-
TON RELATE TO PHILIPPINES.
Change In the Wording of the Oath
Administered to Judges Of the
Island Courts.
Correspondence of the Associated Press.


MANILA, June L. 1901.
The passage today by the Philippine
commission of the act organizing the
courts of the archipelago was preceded by
two interesting incidents. both of which
brought out authoritative statements from
President Taft. The first was in refer
ence to the wording of the oath of office
to be taken by judges. Support of the
Constitution Of the United States (Which
all officials in the United States subscribe
to in their oaths of office) was purposely
omitted from this oath. but recognition of
the supreme authority Of the United States
was included. Judge Ide author OF the
Judiciary bills, held that swearing to sup
port the United States Constitution when
1t had already been decided that at least
one feature of that instrument uniformity
OF duties clause does not apply In the Fhil-
lppines, would be improper He considered
that discussion of the meaning of the Con-
stitution Us affecting powers and duties of
Onlted states officials in the Philippines
would be OF no service here, since these
questions arc In process of settlement In
the United States Supreme Court
Judge Taft's Opinion.
Replying to a question by Senior Palermo
1ormer secretary of state in the Aguinaldo
caplneO as to whether, since 1t was gen
orally assumed that the Constitution fol-
lows the nag, the oaths of Office of Philip
pine officials should not include support of
the Constitution, Judge Taft said:
The oath to support the laws of the
Philippine Islands. If the validity of these
laws depends upon the Constitution of the
United States, is an oath to support laws
enacted In accordance with the Constitu-
ton OF the United States. There has been
ne H.
In this form. Does the Constitution Of the
United States follow the flag of the United
States! that 1t was thought best not to
invite discussion by changing the form of
OATH from that which had originally been
adopted by the military government when
the commission came here.
Personally, l think that statement of
the issue is exceedingly misleading. Every
credited as officer or agent of the United
States government, derives his authority
from some officer who was appointed I'M
der the Constitution Of the United States;
therefore, 1t seems to me that to say that
the Constitution has no operation In these
Islands, is to say something which logi-
cally cannot be sustained, and the real
question Is not whether the Constitution
extends to these islands, but what clauses
of the Constitution affect the government
of them
The Real Issue.
I'm other words the real issue is whether
Congress or the President. acting under the
Constitution in asserting the authority of
the United States In these islands, is re-
stricted by certain limitations In that Con-
stitution which certainly apply to the ac-
ton of the President and apply to the ac-
ton Of Congress in dealing with the state.
Now, the Constitution contains clause
which requires all duties on imports to be
uniform throughout the United States. The
Supreme Court has, in q recent decision,
news of which came yesterday, decided
that that clause Of the Constitution does
not apply to government created by Con-
gress in Porto Rico and these islands. The
statement that the Constitution is in OPP
Grafton in these islands may thus mean
one thing to one person and another thing
to another. Why, therefore, introduce into
an oath Of office a form Of statement
which might lead misconstruction? Why
not follow the old form which serves every
purpoSe?"