The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-25
F|LPN)S Mixed Up
Want TO Know if Constitution
Follows Flag.
COURTS ARE ORGANIZED
Two Interesting incidents
Come Up in Proceedings.

Manila, July A.-The passage today by
the Philippine commission of the act or
ganizing the courts of the archipelago
was preceded by two interesting Incl
dents, both of which brought out author
itative statements from President Taft.
The first was in reference to the wording
Of the oath Of ohice 20 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 au-
thority Of the United States was included
Judge Ide, author of the judiciary bills,
held that swearing to support the consu-
tuition OF the United States when it had
already been decided that at least one
feature of that instrument uniformity
Of duties clause does not apply in the
Philippines, would be improper. He con-
sidered that discussion of the meaning of
the constitution as affecting powers and
duties of United States officials in the
Philippines would be or no service here
sinnce these questions are in process OF
settlement in the supreme court.
Replying to a question by Senior Pater-
no CORNER secretary of state in the Ag-
uinaldo cabinet) as to whether since it
was generally assumed that the constitu-
ton follows the flag, the oaths Of Jill
ippine officials should not include support
OF the constitution. Judge Taft said:
1.-THE oath TO support the laws OF the
United States is anoath to support the
laws enacted in accordance with the con-
stitution of the United States. There has
been su much discussion OF the issue
presented in this form Does the consti-
tuition of the United States follow the flag
of the United States?' that it 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, think that statement of
the issue is exceedingly misleading. Ev-
cry person who comes TO these islands
accredited as an officer or agent of the
United States government, derives his
authority from some officer Of the gov
eminent who was appointed by the Uni
ted States. Therefore it seems TO me
that to say that the constitution has no
operation in these islands is to say some
thing which cannot logically be sustained. |
and the real question is, not whether the
extends TO the islands, but
what clauses of the constitution affect |
the government OF them. In other words. |
the real issue is whether congress or the !
president acting under the constitution I
in asserting the authority of the United /
States in these islands is restricted by /
certain limitations in that constitution /
which certainly apply to the action OF /
congress in dealing with the state.
Now, the constitution contains a GER
tain clause which requires ell duties on
imports to be uniform throughout the /
United States. The supreme court has,
In a recent decision, news OF which came 4
Yesterday, decided that that clause of the
does not apply to government
created by congress in Porto Rico and
these islands. The statement that the
is in operation in these is
ands may thus mean one thing to one
person and another to another. Why,
introduce into an oath Of Of
ice form of statement which might
cad to misconstruction? why not fol-
ow the old form. which serves every pur-
poser"