Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-06-03
CALLS HIN EMPEROR
Bryan Makes Bitter Attack on
the Decisions OF Supreme
Court.
------------------
Declares the Court Has Made
Mckinley Emperor Of
Porto Rico.
Calls on the People to Repudiate
the Verdict.-General
News.

text the words Emperor Mckinley"
w. j. Bryan Saturday night gave out an
extended statement bearing on the SUI
preme court decisions in the insular
cases. Mr.. Bryan frankly admits that
the courts verdict is extremely dis
tasteful to him, and the language he
employs is more vigorous than is GUS
tomary even for him. He boldly de-
clares it an effort To change our form
of government and he calls on the peo-
pie to repudiate the verdict. MIR. Bryan
says in part:
By vote of five to four the supreme
court has declared President Mckinley
emperor of Porto Rico, and according
to the press dispatches the emperor has
gladly and gratefully accepted the title
conferred upon him by the highest judi
clal tribunal of the land.
Those who We're encouraged to be-
lieye that the constitution had caught
up With the flag were doomed to disap-
pointment. In the Downes case. decided
Immediately afterwards, a majority of
the court, composed of Justices Brown,
Gray, White, Shi.as and Mckenna, held
that congress could deal with Porto Ri
CO land the same logic applies to the
Phiiippines) without regard to the limi-
tations of the constitution. Chief JUS
tice Fuller and associate Justices Har-
Ian. Peckham and Brewer dissented in
strong and vigorous language, but the
opinion of the majority-even major
ity of one--stands until it is reversed.
This is one of the most Important de-
cisions. If not the most important. ever
rendered by the court; ii not only de-
clares that congress Is greater than the
constitution which created 1.-THE crea-
ture greater that the creator--but IL
denies the necessity for a written con-
stitution. The position taken by the
court ia defended, cor rather excused, by
reasoning which, # followed out, Will
destroy constitutional liberty in the
United States Every reason given by
Justice Brown could be used wiil, even
more force to support a decision multi
wing all limitations placed by the con-
stitutlon on congress When dealing With
the citizens of the several states. II the
Porto Ricans can trust the wisdom and
Justice of congress which they do not
elect and can not remove why do the
people. of the United States need a con-
stitullpll 10 project tileTl from eoH-
gress which they do elect and can re-
move? The decision in effect 'declares
that the people are not the source of
power; it defends taxation without rep
reaentation and denies that govern
ments derive their just powers from the
consent Of the governed.
III ssails the foundation of the re-
pubic and does SO on the ground of ex-
pediency,
The dissenting opinions brstle with
precedents and burn With patriotism;
they ought 10 awaken conscientious re-
publicans 10 a realization of the mean
ling of imperialism.
This decision, like the bred Scott
decision. raises a political issue which
must be settled by the people The
supreme court has joinec. with the pres-
ident and congress in an attempt to
change the form of our government. but
there We, remains an appeal to the peo-
pie.
I'm order 10 fully understand these
opinions it must be known that in rul-
ling tho Dingley tariff rates could not
prevail against Porto Rico, the court
did not act on the theory that the con-
stitution followed the flag during any
of these periods under consideration.
This ruling was made because. in the
lopnion of the court. a Law enacted for
| the purpose of levying duties against
foreign country could not be applied in
llevying tariff duties against country
| that was not foreign. In other words
If Immediately after the ratification of
1.-THE peace treaty, congress had enacted
| a law levying the Dinghy rates spe-
| cially against Porto Rico thoee rates
would laev prevailed. In the courts
opinion, the legality of any tariff rate
| between Porto Rico and the United
States simply waited upon formal act
lof congress establishing those rates as
applying to Porto Rico.
THE logic Of this opinion az 1t APP
| plies TO the right of congress to levy
4 customs would make it possible for con-
gresss to levy tariff duties on articles
coming from any territory Of the Unit
ed States.
1 With respect to our new possessions,
the decision is an unfair one because
lit denies to them equal trade privileges
with other portions of the United
States whose sovereignty has been es-
! tabished over them, and the purpose
slof the constitution in providing for
Iequal trade privileges was that no sec
| ton subject to United States sovereign
Ity should ever become the victim of
discrimination. This principle is in line
with the very foundation principles Of
this government. which contemplated
that all the people of the United States
should have equal privileges, should
be exempt from determinations. and
should enjoy the immunities which the
i constitution makers conceived to be es-
sential to the perpetuity Of free in
stitutions."
After an extended summary of Jus
tice Browns reasoning. Mr. Bryan con-
tinues:
Turnout the majority opinion deliv-
Tered by Justice Brown runs the theory
that the American congress may do
anything not forbidden in the constitu-
ton. This is one of the most repugnant
features of this opinion. Justice Brown
seems to have searched the constitution
for prohibitions rather than for that
grant Of power which the American
people have alwaye conceived to be the
true Office of that instrument"
Mr.. Bryan concludes as follows:
ITO what a glorious field for inspec-
ton this Justice of the supreme court
has invited the American people!
"Under this opinion we are about to
embark on Great Britain's colonial poll