Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-01-08
D,,i,.oo Of Government in Porto
RicaO Cases.
THE POWERS OF CONGRESS-
,.,,.0,a, Limitation. in Favor OF
,,, u,shn Recognized Com
,,,,. Cannot Become a De'po"

-..,,,qton. u. c., Jan ''--''''1''V'
va richards in behalf OF the gov
u ..nnsn,. today filed in the unl,sa
. . suprems court brief In the cases
s'a',s ,' by Elias S. Delima, caleb B.
oTOut'' Henry W. Dooley Carlos
p ,.t,,rr and George W. crossman
A lIs,.., George Bldwcl collector Of the
asl'u n, New York. or the United states
I III all involving questions Of tax,
a"on relations between the onl.su
e. and our insular possessions nv
''D', ever the several phases OF the
sonlrlon Of the United states over . ,ne
,San1. before and after the ratlllcauon
y, ,bs Paris treaty Of peace ana ar'er
, - by Congress with reference
;. ,hsm The feature Of the prier ~
" 5,,.o, notice It takes Of ex-Presl-
s ~, uorrlson's address at Ann Aroor
a,d ,be response made thereto IN De-
half Of the administration.
"s Tso nsllma case concerns duties col
,octed on sugars imported into Ne"
York from Porto Rico after ratiileauon
., ,bs paris peace treaty, and before
n,ssage Of the Porto Rican act the
powpes case duties on oranges
trough, from Porto Rico into New , dorR
oror tbs massage Of the Porto kicah
80. ,bs Doolev case and the arm,
~, ~ caso duties on goods imported
80 porto Rico during military opera
tion and partly before and party alteI
tbe raudcatIop OF the treaty, ana ais MS,
sftor massage OF the Porto Rlean tarnl
oct ana the CrOssman case, duties on
Wouors i,nported from Honolulu INTO
New York after the passage OF the I,sg.
q luton annexing the Hawaiian lsi ,,ls
and the passage OF the act pro'lu'"e
for their government u...t
q The reference TO eX-Presldent Harri'
sons Ann Arbor address is preceded py
4 statement OF the governments posi-
lion with reference to the extent 10
which the Constitution applies TO new
a ly-acduIred territory. The brief denies
tho doctrine Of proprio ylgore and thal
all tho limitations Of the Constitution
applv everywhere throughout the scope
Of the authority " the government out
saws there are limitations In the consul
tuition which apply through both the
states and Territories, organized and
"A unOrganized
Because some limitations apply II
does not follow that all apply. Ihose
which do apply everywhere both wlihln
and without the United states In It's
broadest sense, It says, are those secur'
ing the blessings Of justice and liberty
70 all people. Tyranny and oppression
cannot consttutionally exist under the
sovereignty Of q republic whose found
] ers declared that all men are entitled to
4 Ne. liberty and the pursuit OF happi-
I ness This Is what Justice Bradley
meant when he said, In Mormon Church
q vs. United States 036 L. s.. Lao;
Doubtless Congress, in legisating for
the Territories would be subject 10
those fundamental limitations In favor
Of personal rights which are formulated
In the Constitution and It's amendments
but these limitations would exist rather
by inference and the general spirit OF
the Constitution from which Congress
derives an It's powers. than by any ex-
press and direct application OF It's pro-
visions"
This statement of the government's
standing ground leads Il up 10 the no.
4 tee which IL takes OF eX-Presldent
HauIson's address OF this address.
Solicitor General Richards's brief says:
I'm a recent address a portion oi
which ] understood has been brought
70 me attention OF the court a dis
q ungushed statesman and lawyer az
tecis 10 believe. II the view OF the gov
ernment Is correct, Congress could
4 without constitutional objection, pass
Porto Hcan act providing for num-
Der OF shocking things. The govern
ment mas never asserted and does not
believe that Congress has the power
/ OF a despot In Porto Rico. The funda.
4 mental limitations In favor OF persona
i rights which are formulated In the
4 Constitution and rs amendments re.
I TERED 10 by Justice Bradley, stand In
we way. Of everything suggested which
MooSs me moral sense, Congress could
ho' pass an ok post facto law, or decar,
M atNlnder or grant any title Of no.
Dlliy or provide for the trial or pun.
shment Of treason other than in IN,
Jaw marked out by the Constitution
eil these things being prohibited b,
Gtect and applicable propositions. 4
,he hrst ten amendments do not liml
w dlIecl application, Congress In leg
Niaung Tor our new possessions
nelher do they operate within IN,
''a,es when compose the Union.
As ms court, speaking by Chic
justice Waite, said In United States VI
1ruln kshank 81 al (s2 IT, s.. 541-552l
me hrst amendment 20 the Constitu
Won prohibits Congress from abridgin!
tne right Of the people 10 assemble an,
~ peutlon the government for a re
aress Of grievances.
MS Ike other amendments. pro
poSed ana adopted at the same time
va not Intended 20 limit the power
vi the people, hut to operate upon tn
national government alone.
protection Of lie. liberty and prom
Fly rests primarily with the state. a
yyhlet Justice Fuller said In II
heniuler (l36 L. s., 48S-4iS).
Ihe Constitution makes no proyislo
sor protecting the citizens OF respectiv
~ NhNi ANllNlWl llDtllltHt IL
Wls ~ left 10 the State constitution
ana laws, says Mr.. Justice Cairo
~ Perfnell VS. First Munlclpalit
70 nov 53s-6O9). The Constitution for
o.1s the States 10 pass any bin ~ al
aihaer eN post facto law or law I'M
pairing the obligation Of contracts, 9
>, grant any title OF nobility. and IN
,ouileenth amendment provides tina
T STATE shall deprive any person {
ue liberty or property, without du
process OF law, noT deny to any perso
,sNhln its jurisdiction the equal pre-
seuon Of the laws; but outside n
,snse OF these limitations the pe0pl
me state, through Its constltutlo
u'e avs, are supreme.
q. ihey can define treason against IN
ss'a'e as they see A.; they can limit IN
freedom Of speech ard OF the pres
Ney can restrict the bearing OF al
easements; they can provide for n
Eu~lering OF troops, they can regt
ale the right of search and Of ares
usy can provide FOR the trial OF cap
al on other Infamous crimes upon II
lolmatIon and without Indictment, an
TTtlnout jury, and they have done $
Lnty can DO away with the trial