New-York tribune., 1901-08-23
ATTACKS SUPREME COURT
UTTERANCES OF CONGRESSMAN LITTLE
FIELD ON "INSULAR CASES" RE-
SENTED BY MEMBER OF AMER
ICAN BAR ASSOCIATION.

y.
Denver, Aug. PA sensation was caused at to-
Gays session OF the American Bar Association by
'He ADDRESS OF Congressman Charles E. LittleAed,
OF Maine, on The Insular Cases" Mr. Littleheld's
auuIess orew forth loud and long continued ap
pause and a motion was made 70 give him a
Fo'e or thanks for 1t. but this was declared out
VI oroer oy the president, the ground that the
speaker Is member of the association The view
oi the mover was not however, universal with the
members, for just before recess was taken Aiolph
Moses OF Chicago made a vigorous protest against
"hat he characterized as AN unwarranted attack
upon the Supreme Court OF the United States" His
remarks were cut short by a point of order but
MS words were greeted with applause. in which
considerable minority of the convention joined
Inc convention met at 10 o'clock. and President
Wetmore at once introduced Mr.. Littlefeld
Mr. Littlehed spoke The Insular Cases.
These cases. he said. considered in the manner in
which the results reached, the incongruity
OF the results and the variety OF inconsistent
expressed by the different members OF the court
are without a parallel in judicial history
Iaking up the first case known De Lima sgt
Bidwell. stating the opinion of every member of
the Supreme Court the same the speaker said
Justice Brown did not announce the conclusion and
Judgment of the court, affirming the Judgment OF
the court below, but rendered OF his own. Re
IerIIns 70 the opinions OF Justices White. Shiras
ana Mckenna in the case, the speaker said:
Technically speaking, there is opinion of the
court 20 sustain the Judgment
II the Dooley case (known DooIey agt-
United States) is controlled by the Downes cases"
salo Mr.. Ltttefeld. there would seem to be no
GOOD reason why II should have been decided.
mat It was not, raises the inference that II
o ueclueu adversely 10 the government, or that
there was greater difference of opinion than usual
with reference 20 it. Mr.. Justice Gray is the only
one who indicates his position in this case"
MT Littlcfield considered the other cases which
had oeen passed upon, and said that in the un-
settled condition of the court it was hardly worth
wnIe 10 speculate TO the result Of those cases
His conclusion 10 Porto Rico's status is.
briefly:
so iar as the operation of the constitution was
concerned this territory was to all legal intents
:ers not how the co1sfittio rsac6a5 1b rr,f-
so faT as this case was concerned. long it
Mr.. LittleheId next discussed the Thirteenth
Amendment TO the Constitution. It had been
strued by the Supreme Court in re Porto Rico and
the Philippines He quoted the amendment and
gave history OF the Then he said, refer
ring TO slavery It existed in the United States:
The negro cannot be driven out OF the South. He
Is vastly the superior OF the Filipino physically.
an ana Until the Philippines produce Fred Douglass
In an intellectual comparison
At the conclusion of Mr.. Iittleheld's address re-
ports OF the following standing committees
submitted without being read: Jurisprudence and
law reform, legal education and admission 10 the
bar. commercial law. international law obituary
The commercial law committee in Its report ex-
presses dissatisfaction with the bankruptcy
law, and declares that 1t has made strong efforts
secure amendments, but in vain The committee is
stu OF the opinion, first. that bankruptcy law is
wise and benehcent legislation: second, that the
ideal bankruptcy law is one that (a) allows every
honest debtor 10 procure a speedy discharge from
his obligations upon the surrender OF all his prop
erty. 90 gives every creditor a complete remedy
against actual contemplated fraud the part
OF the debtor. and (c) Furnishes ali fraud the
part Of the debtor creditor; third that pres
ent bankruptcy law fuIhl these conditions needs
careful and trenchant amendment on the lines
that this association has approved fourth that the
association should. through It's committee on com
mercial law for the ensuing year its line
OF work looking 10 the perfecting OF the bank
ruptcy law.
A. this point Mr.. Moses got the floor and said:
Wish 70 record my vote Of dissent 70 the general
nSuiar cases hv Mr IittledeId Wben The Tnattar ~ t
came TO my attention ! looked with a great deal
difhcut subject for the information OF this asso-
citation regret 70 have listened. not 10 a piece
attack upon The supreme Court OF the United
tat states. ana as member OF this association
OF this platform for a purpose OF this kind re-
case OF Cohen agt. Virginia was decided by CHEZ
Justice Marshall he was burned in egy in the
courthouse in Virginia. and yet ne look upon
the government. And that is not the only instance
where denuncatIon mas followed the action of the
supreme Court OF the United States. Those who
believe with the majority have full confidence in
the sober second thought OF the people OF the
decision.
Il has n political aspect and 1t is but natural
that all Of US free Americans should take divergent
views, bur I protest against the OF this plat
form on the part OF any man. however capable
Here Thomas NJ. Patterson. Of Pennsylvania in
terposed point OF order. which was sustained by
the president and recess taken until tonight
The section OF legal education of the American
Bar Association met this afternoon at the Tabor
Grand Opera House. Hiram f. Stevens, OF Mime
sofa. presided.
Credit for once Study IN Law Schools was the
subject OF a paper by Harry Sanger Richards of
the Iowa State University. Its discussion was led
by Professor HufrcUtt. OF Cornell
Professor William p. Rogers of Indiana State
University. read a paper entitled rs Law a Field
for Womans Work.