New-York tribune., 1901-05-27
PRICE THREE CENTS.
INSULAR TEST CASES.
SUPREME COURT LIKELY TO UPHOLD
THE GOVERNMENT
DECISION MAY BE RENDERED TO-DAY-POS-
sIBILITY THAT THREE OPINIONS
WILL BE HANDED DOWN.
LBY TELEGRAPH To THE TRIBUNE.l

[BY TELEGRAPH THE TRIBUNE.l
Washington Way 26-By reason of the fact
that the United States Supreme Court will ad-
iourn tomorrow until next October the state
rlent has been scattered broadcast over the
country that the long looked for decision in the
suits brought to break down the governments
colonial policy popularity known as the insular
test cases. will be rendered. While the weight
OF opinion in the best informed circles in this
city is against the suppOsitiOn that the court
tomorrow finally will act upon these cases, the
expression of opinion either side of the ques-
ton is the merest guesswOrk. As the Supreme
Court guards sacredIy all of it's acts until their
results are announced from the bench. 1t Is a
practical impossibility for anybody except one
of the nine justices foreteH what the action
Of the tribunal will be. either TO the nature
of decision the date of it's delivery.
While some of the officials of the Department.
of Justice have been expecting decision in the
insuar cases every MOnday-which is decision
day"-since these suits were argued and sub
mitted, other officials of that department have
from the first held to the belief that the Court
would have it's decision ready for delivery
before next October or November. When ex-
Attorney General Griggs who managed the
cases for the government, was last in Washing
ton, about three weeks ago. he stated that he
is that Mr.. Griggss sources OF information
on this point better than those of any,
body else not a member of the Supreme Bench,
but it cannot be denied that his opinion in the
matter is of far value than is that of the
vast horde of persons in and out of official life
who for months have been indulging in confident
predictions TO the date and the character of
the decision. The advantage the ex-Attorney-
General has over nearly all the other guessers
is that he intimately associated with the
Court for nearly four years. and necessarily be-
came acquainted with it's methods. we'll az
acquiring knowledge of the intellectual proc
esses of the justices. At the same time it
possible, of course, that even he could make
poor guess.
SOLICITOR-GENERAL'S VIEWS.
solicitor-Cieneral Richards. who rendered such
valuable aid 10 Mr.. Cirggs in the preparation OF
the governments case and also made a powerful
arguu ent. is still in the Department of Justice.
and seems inclined to the belief that the de-
csiOn will be handed down tomorrow Mr..
Richards, however. has not authorized anybody
TO quote him way the other on the sub
jeot and in discussing it casually with friends
frankly acknowledges that he would not be sur
prised II the decision should come tomorrow
il il should not come until late next fall
While there is thus considerable diversity OF
is no exaggeration in the statement that in off,
caI circles there is scarcely any doubt that the
court will sustain the governments contention.
which. reduced to popular parlance. is that "the
Constitution does not follow the flag ex proprio
vigore'
A DIVIDED BENCH PREDICTED.
1t is also generally believed that there will be
a divided bench. This opinion is based upon
several circumstances. One is that two or three
Of the Justices in public addresses and private
gatherings commented adversely on the govern
ments colonial policy as it was forming and
before the suits were brought to the Supreme
Court That is TO say. these remarks have since
been construed as indicating a firm conviction
on the part of the justices who uttered them
that the government of the United States could
not acquire and hold territory without imme-
diateIy extending to it, all and singly. the ben
ehts and immunities OF the constitution In
other words this is the Democratic doctrine that
the constitution follows the flag prOprio
vigore. 1t is interesting to note that not all OF
the Justices who have thus been quoted are
Democrats Only three of the nine members are
Democrats. They Chief Justice Fuller. JUS
tice White and Sustice Peckham. They were all
appointed by President Cleveland.
Another circumstance which leads to the be-
lief that there will be divided bench is that
during the presentation Of arguments every
member of the court. with the single exception
of Justice McKenna, put questions to the counsel
which were at the time interpreted 10 mean
that the minds Of three, and possibly four. OF
the justices were operating strongly against
the governments contention
CHANCES FOR THREE OPINIONS
Then. again. it IS suggested that possibly there
will be three sets OF opinions when the decision
is finally handed down. two of which. Of course.
will sustain the government slightly vary
ing grounds, and the third Will De squarely
against the government
IL the decision is not rendered tomorrow 1t
is the common belief that there will be three
opinions when it finally comes. but that the ma
tority decision will be against the government
there is no thought in official other we'll in
formed circles in Washington Aside from the
the governments contention. it is pointed out
as an historical fact of significance that the Su-
preme Court has never failed to sustain the
government in any great crisis. irrespective OF
the political complexion of the court or OF the
administration In other words. the history Of
the Supreme Court shows that that great tri-
lon and requirements. In more tia vitality
important case the courts decision has been
based upon the broad ground OF public policy
and in such instances 1t has been demonstrated
that the constitution not only was made to nt
the case. but also that the decision met with
popular approval
The report that has been sent out from
Washington more than once that the court
would decide that the questions involved In the
insular suits political and not constitutional,
and therefore belong TO the legislative and not