Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-06-05

dered by Justice Brown and accepted
by Justices Shiras, Gray, McKenna and
White.
The dissenting opinion offered by
Chief Justice Fuller and signed by
Justices Harlan. Brewer and Peckham
is severe and telling arraignment Of
the majority decision. Chief Justice
Fuller commenting on the majority
opinion says:
THE logical result is that Congress
may prohibit commerce altogether bel
tween the States and Territories. and
may prescribe one rule Of taxation in
one Territory and different rule in
another. That theory assumes that the
Constitution created government en-
powered to acquire countries through
out the world, to be governed by diff
ferent rules than those obtaining in the
original States and Territories. and
SUBSTITUTES FOR THE PRESENT
SYSTEM OF REPUBLICAN GOVERN
MENT A SYSTEM OF DOMINATION
OVER DISTANT PROVINCES IN THE
EXERCISE OF UNRESTRICTED
POWER"
Justice Harlan in his dissenting
opinion says:
"ln my opinion Congress has no
existence and can exercise no authority
outside Of the Constitution. Still less
Is II true that Congress can deal with
new Territories just as other nations
have done or may do with their new
territories. This Nation is under the
control of written Constitution. which
is the supreme law Of the land, and the
only source of the powers which our
Government or any branch or officer OF
It may exercise at any time or at any
place. Monarchical and despotic gov
ernments. unrestrained in their powers
by written constitutions. may do with
newly acquired territories what this
Government may not do consistently
with our fundamental law. The idea
that this country may acquire terri
tories anywhere upon the earth, by
conquest or treaty. and hold them as
mere colonies or provinces. Is wholly
Inconsistent with the spirit and genius.
rs well as with the words OF the Con-
stitution. The glory Of our American
system of government is that 1t was
created by written Constitution
which protects the people against the
exercise Of arbitrary, unlimited power.
and the limits of which may not be
passed by the government II created,
or by any branch Of IL, or even by the
people who ordained 1t. except by
amendment. II will be an evil day for
American liberty II the theory of n
government outside of the supreme law
OF the land finds lodgment In their
constitutional Jurisprudence
Other minor decisions hold that the
tariff schedule imposed by General
Miles during the military occupation
OF Porto Rico was legal. coming under
the head of military necessity and that
trade between Porto Rico and the
Mainland Is coastwise trade.
One Of the features of the decision Is
the thoroughly non-partisan alignment
of the Justices in every instance. DEM
ocrats and Republicans were among the
majority and the dissenters. II cannot
be charged as II has SO often been in
former days that the decision was poll.
teal.
The position Of the administration
has been upheld. but II is safe to say
that among the conservative people Of
the Nation. among those whose regard
for the rights and liberties of American
citizenship have not been and are not
for gain, the decision will ut once
: create a sentiment that the time has
arrived to call halt to consider to-
wards what goal the Republic is tend.
ing and to what dangerous ground the
:, government is leading.
!, The decision Is accepted as an inter-
/. probation OF our Constitution. In open
ing the way to rule OF hitherto foreign
=, people with absolute sway, refusing tc
them. IL Congress so wills, and
and all rights possessed by citi
zens of States, the decision is opposed
=. and antagonistic to every unwritten--
unwritten 1t must now be termed-con
stitutional principle handed down to III
J.. by the fathers and now held by Ameri
can citizens to be their most sacred
right. As Is remarked by stauncl
=, Republican contemporary of the Main
+ land, THAT Marshall, Fuller Harlan
l. Brewer and Peckham are ranged oil
:, their side is ample justification for thu
:. laymen who have contended that tn,
= Constitution follows the flag" II tn,
d Republican party takes as Its slogan
!; the right of our government to refus,
e Territorial citizens the sacred heritag,
= hitherto recognized as coexlstent will
,: American citizenship wherever the flai
lie Is planted, the time is fast approaching
t. when the people will demand a change
IL
AZ PUNAHOU'S SOcIALS.
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