The age-herald., 1901-02-05
GAN CONGRESS PASS ON
 CUBA'S CONSTITUTION7


 contention of those who hold that there Is no justifiabe ground upon which congress- can be asked to pass upon the Cuban con4 sttution Is that not only did the United States disclaim any intention of exercising sovereignty in Cuba and announced its in- tention of withdrawing from Cuba so soon as it is pacified, but the United States Su- preme Court, in the Nicely case, definitely decided that Cuba is foreign territory As Cuba is foreign territory it is held that the United States, soon as it is prepared to withdraw it's military control that is when the Cubans have prepared to erect stable government there, has no right whatsoever to exercise any supervision over the inter- nal affairs of that island. They further in- slst that when the United States permitted the Cubans to hold municipal elections and constitutional convention 1t then admitted that the island is pacified and is bound un- der the resolution of intervention to with draw its troops and its control over the is- land when the Cubans have made consti- tuition and are prepared to establish gov ernment
 This view takes cognizance of the in terests of the United States in Cuba, Of it's sacrifices to give Cuba freedom from Spanish oppression and of the responsibili- ties incurred to the world for a decent and stable government In Cuba. The fact that our withdrawal might result in the install lation of a government hostile to the United States, one that might side with our ene- mics in the event of any difficulty with foreign government Is considered unim- portant, the idea being that our duty has ended when Cuba is ready to attempt to govern itself, and that the question Of Cu- bas attitude toward other governments is one that can be met when 1t arises.
 It is not to be disputed that this view is held by several strong Republican lawyers and by most of the Democrats. The Pres ident, and such men as Senator Platt of Connecticut, think we still owe duty to Cuba, and to the world at large, which will not have been performed until the Cu- ban constitution has been considered by our goyernment-the President and Con- gress-and Cuba has been given to under stand that certain provisions relative to Cuba's foreign affairs, her finances and the interests of the United tSates in Cuba have been inserted The President, however thinks that this study of the constitution should be begun so soon as the Cuban con-
 
 ator Platt holds the view that little delay is desirable that the Cubans and the Uni ted States may have ample opportunity to digest the constitution and be better pre- pared to know wherein it can be advantag eously modified.
 The responsibility for the extra session and the authority to call 1t rests, however. with the President, and his present inten- tion is to hold extra session, though consultation with leading Senators may cause him to feel that it is not necessary. It is far from certain that the Spooner biM can be passed through the Senate this session even if the shiping bill be disposed of, either by being passed or withdrawn, within a fortnight. The House, of course, can pass the Spooner bill within two hours after is comes over from the Senate, if the Speaker is so disposed, so the House does not enter into the consideration of the pos sibility of enacting this Spooner measure, which gives the President authirity to act through those he chooses to appoint this session. The Democrats are disposed to in- sist that it is better to enact no legislation for the Philippines until the Supreme Court has decided the questions now before it in- volvlng the exact relation of the new in- suar possessions to the United States. If the Supreme Court holds that the conti- tuition does not extend to the Philippines. that is, that they cannot be governed out side of the constitution. the United States having the power possessed by other na- tions to hold and govern colonies, then the Democrats would be perfectly willing to have the Spooner bill passed But, on the other hand, if the Supreme Court holds that the constitution does extend to the Philippines then for Congress to grant authority to the President to govern the Philippines would be considered by the Democrats to be contrary to the courts decision, even if Louisiana was governed for eight years in that very way Thus the Democrats think delay in the matter of Philippine legislation is desirable. With only month remaining for legislation and | appropriation bills and other matters of pressing importance still to be passed, the Democrats are in position to debate the | Spooner bill until the end of the session, unless the Supreme Court should on Feb ruary Il or February 25, the two days be- fore adjournment when decisions will be announced, deliver it's opinions in the pend- ig cases. It would be easy to pass the Spooner bill if the opinions were delivered on the 11th, but if delayed until the 18th it would be a close squeeze to get 1t through, particularly with Pettigrew fili- bustering with characteristic malicious ness. ALBERT HALSTEAD. Street Bridges.
 City of Mexico, February IA contract