New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-03-13
THE INSULAR TEST CASES.
nrcrs1oN NAY POSSIBLY BE DEFERRED
UNTIL OCTOBER.
TIE ADMINISTRATION MORE CONFIDENT
THAN EVER THAT ITS COLONIAL POL
ICY WILL BE SUSTAINED.
rRY TELEGRAPH TO TIRE TR1BuSE.l

ICY WILL BE SUSTAINED.
Icy TELEGRAPH TO TIRE TRIBUNE.l
washington, March l2.-There was no reason
=, look for the opinion in the insular test cases
,..s,sraay except that Monday is decision day in
- Tinted States Supreme Court AS has fire.
gently been said by The Tribune the consen-
,,,s ~ the best informed opinion at Washington
!. that the court will not render its decision in
,,ssa cases until near the close Of its term in
Nav. The country continues TO be flooded with
,,ors 10 the contrary but in the judgment Of
sor,e Of the ablest and most experienced Off
,,ols Of the court and OF the Department of JUS
aos the decision Will not be ready before the
so,e indicated. Additional strength has been
,ven 10 this opinion recently by knowledge OF
she fact that the court viii continue in almost
continuous session until the close of the term. in
she middle Of May, when a recess will be taken
rntl the LIST Of october. II the court should
sirnifv its intention 10 take recess in the mean
time II might be reasonably inferred that il
had done SO for the purpose Of preparing its de-
cision in the colonial cases. This was generally
sscrbed as the cause Of the two weeks recess
a. February. and when at the end Of that recess
"a decision was forthcoming the best posted
men in Washington despaired OF a decision until
near the end Of the term.
II is now even considered possible that the
court win not he ready 10 render its decision
until the beginning Of the next term, in October
II support Of this theory II is pointed out that
every member OF the court has been so busy
with other cases that little time has been found
FOR consideration Of the insular test cases, with
the enormous mass Of citations and the voiumi-
nous arguments submitted by counsel on both
sides IN the long recess OF the court from May
10 October. the justices il is contended. will
have better opportunity for calm elaboration
and examination. This theory takes account of
the probability that the court will decide the
cases on their merit, 10 use popular phrase.
That is 10 say. If the decision is not rendered
before the end Of this term il is confidently be-
ueved in all circles that the court will take
square and unmistakable ground on the much
rlooted question about the constitution follow
ing the flag.
On the other hand, the belief IS now growing
strong that If decision is rendered at this
term wlaC are popularity known as 1.-The merits
Of the litigation viii not be touched, but. in
stead the finding win be based on some minor
and technical features, with q gentle hint that
the issues involved are political, as Senator
Vest OF Missouri, openly charged the Supreme
Court with holding, and therefore they properly
belong 10 the legislative department Of the gov
eminent and not 10 the judicial.
II this should be the courts decision il would
OF course De victory Tor the government, Tor
then Congress could proceed with confidence 10
legslate for the insular possessions along the
lines alread y marked out and which plainly de-
fine the administrations colonial policy. While
the present litigation IS pending, Congress natu-
rally approaches the subject Of insular legisla-
ton somewhat timidly and haltngly. and largely
shifts responsibility by imposing or the eX-
ecuJve department nearly all the work which
Congress after while viii be called on TO do.
But whether the court renders its decision
before the end q the present term or not, the
governments confidence in the final outcome is
growing stronger all the time. Before the issues
were Joined in litigation, AttOrney-Ceneral
Grssgs, whose conduct OF the governments case
has shown him TO be Of the foremost lawyers
OF his lime consulted some Of the ablest
Founders Of the constitution IN the country, as
did also others Of the Presidents advisers. The
government, therefore, feels so sure OF its
ground that II il had a choice in the matter
II would prefer that the Supreme Courts de-
oision should go straight 70 the heart OF the
constitutional question involved so that Con-
gress in future could not be deferred from legis-
lating Tor the insular possessions by the threats
o. more test litigation.