The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-05-29

Y OUR representa- tive members or the
Il salt Lake bar We're asked yester-
day to give their views TO The
HERALD. on the supreme courts decisions
in the insular cases. There had been.
so much in the mass of legal verbiage
in the majority and the dissenting,
opinions that laymen hardly knew
what the effect of the verdict was 1T
was with a view to arriving at a clear
understanding of the situation that
Senator RaWIins. Judge W. III. Dick
son. Judge ogden Hiles, Judge w. III.
King and Colonel A. q. Ellis We're re-
quested TO make statements Their
views are presented below
1t VIII be seen that all of the we'll
known lawyers agree practically as TO
the result of the decisions and their
scope. There is no difference OF opinion
among them as to what the court, as
represented by Justice Brown in the
majority opinion, meant. The ideas of
the attorneys on the effect of the decis-
ions vary, and the reasons for their
belief win be found to be interesting.
Senator RawIins' View.
United States Senator .Rawlins said:
The opinions of the justices were
in the De Lima and in the Downes
cases In the former the majority de-
cides that after the cessiOn Of Porto
Rico and before congress passed an act
authorizing IT, duties could not be
levied on goods imported from or into
Porto Rico.
In the Downes case IL was decided
by a majority OF the court, i've against
four, that congress could constitution
ally authorize the imposition of such
duties, and had done so by what is
known as the Foraker act. The former
decision is Of little Importance; while
the latter. If adhered 10, viii be far
reaching in it's consequences, and, in
self to the thoughtful and Intelligent
people of the country who are lovers OF
free institutions.
-Four OF the Justices of the court,
long recognized by the legal profession.
as by far the strongest men upon the
bench. dissented from this conclusion.
The judges so dissenting were chief
Justice Fuller and Justices Harlan,
Brewer and PecSham- Ihe I'VE JudSes
constituting the majority were justices
Brown, White. ShiTas and Alckenna.
SfcKeRna was taken from Mckinley $
cabinet and placed upon the bench
against the protest Of the united bar Of
California, who were familiar with his
utter and absurd incompetence 10 MI
such a high position, Justice Shlras
attained some notoriety by his marvel
Gus. change OF position on thes question
of the validity of an income tax.
Result Not Surprising.
ssThe result. in view of the 2
= strenuous efforts of the admins =
= tration TO bring IL about is not ?.
= surprising. While these cases were 2
= pending. apparently with view 2
= of Improperly influencing two OF 2
= the judges upon the Dench, Ine4r
= sons were nominated by the preSI-
= dent to high official position. Al 2
y attempt was made to influence
y Judge Harian's opinion by the APP ?
= pOintment of his son as attorney
-an1 -er
= the opinion at the time that it was ?
y designed as a bride. but that 1T =
= would be utterly without influence. =
IAN examination Of the opinions de-
ivered in this case does not make en-
tirely clear the scope of the decision. A
part of the Judges cOncurring in the
decision insist that the constitution
does So far apply to the insuiar posses
sions as to- safeguard the personal
rights of life, liberty and property
1T would seem from the language
employed that a majority OF the Judges
think If congress once extends the pro
visions of the constitution to the terri
tory that it may not withdraw the con
stitution, but 50 long as the decIsloh
is adhered to- ST would seem that the
Deopie of all these. newly. acquired pos
sessions are subject to the viii OF con
eress or of the persons to whom con
gress may. see fit to delegate authority
to rule over them
Status Of Philippines.
"As to the Philippines. by an. amend
ment to the army appropriation bill,
congress has clOUhed the president and
such persons as he may select with all
civil, military and judicial power
This wide scope OF authority VIII De
taken by the administration as q 5us-
tificatiO2 for the imposition Of any du-
ties anu taxes Which 1t may deem
proper, without regard TO uuifQrmity
or the ability Of those taxed to make
the ContributiOn. AS expressed oy
Judge Harlan. the personal right OF
life, liberty and prODertya VIII De OF
little value to the people of these new
possessions il their property may De
4canfscated or taken away from them
without regard TO principles OF justice
or uniforpaity. and IL their lives and hD-
erty are to depend upon the summary
determination Of military or civil
TRIBUNAL unrestricted by the express
limitations of the constitution
Criticised by Judge King.
Former Congressman M. H. King
said;
THE decision win ill every y
= lover OF. constitutional government =
? with the most poignant regret ?
= This becomes a day of mourning 2
2 to an who desire the perpetuity of 2
= the republic. 1t is the most wick =
= ed, revOluB onary and destructive =
= opinion et-er rendered by an =
= American judicial body.
1T is heressy and treason 70 those
who revere the work OF the fathers.