The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-07

collected prior TO the passage Of the For
aker act were legal. that the Foraker act
was constitutional. and that all the duties
should be retained by the government.
Justice Brown he'd that all tee duties col
Iected prior 10 the tine the Foraker act
went into effect were illegal and should
be refunded. but he further held that the
Foraker act was constitutional. and that
the duties collected under its provisions
we're legal and should not be returned.
The De Lima and Dooiey cases grew
out Of conditions that ceased 10 exist as
soon as congress had acted and its enact
ment gone into effect hence the interest
in these cases was largely financial and
temporary, while the Dowues case grew
out Of conditions that viii always exist
ana the interest in this case is national
and permanent The question involved in
the Downes case may be thus stated:
Does the uniformity clause OF the con-
stitution apply only 10 the states Of the
United States or does It extend 10 the
territories and the territory belonging TO
the United States2 Or in other words:
Was this newly acquired territory a part
Of or an appurtenant To the United
States2 As seen above the court held
this uniformity clause Of the constitution
applied % the states only, and that such
territory Is merely an appurtensnt TO the
United States as q possession and the
court draws q distinction between the
United States in an international sense,
and the United States in a domestic sense
This was the position taken by officers OF
the government and was argued before
the court by the solicitor general il the
following propositions
Meanings Of the phrase The United
States
I'm the first place, it may mean the
sovereignty itself. what Chief Justice
Marshall called that grand corporation
In the second place. it may mean,
gsogTa phically. what Chief Justice Mar
shall calls the American Confederacy.'
composed OF the members of the union,
the states inhabited by the people who
participated in the government OF the
United States; and this is what I term the
constitutional sense
In the third place. in geographical
and legislative sense. IL may mean the
states and the District Of Columbia and
the territories which congress has seen
fit 70 treat as the United States for Iegis-
lative purposes; over which congress has
extended and 10 which it has applied the
laws Of the United States which are ap-
plicable
And in the fourth place, II may mean
something broader which is the Internal
ionaI sense. as I take IT; that is. al terri
tory. wherever situated. under the domin-
ion Of the United States, whether organiz-
ed or not. and whether brought within
the operation OF the specific laws of the
United States And our claim is that
newly acquired territory does not become
a part of the United States in the Iegisla-
tive sense until congress shall so deter
mine
This distinction was adapted by the
court, and was forcibIy put By the solicit
TOR general in the following language
from his oral argument:
THE CONSTITUTION AND THE FLAG
The difficulty Of a clear conception Of
the important question in these cases
has been increased By the use of cam
Daign catohwords Of political phrases.
The Constitution Follows the Flag is one
Of these tt is made use of TO induce
people TO believe that the Government is
conterding that the president and con-
sress. in dealing with the new posses
siOns avowedIy act outside Of the con-
sdtution; that the government claims
that the constitution stays here, within
the United States. leaving the president
and congress power unlimited and des-
potc with respect TO our new possessions.
This claim is designed and calculated to
put both the president and congress in a
position obnoxious to liberty loving peo-
pie. The position is one they have never
taken and do not now occupy Both the
president and congress concede. as IN
derstand IT. that they have no power ex-
cept under the constitution. and that they
are subject in the exercise Of their powers
20 every limitation properly applicable.
The constitution and the flag so together
Wherever the flag flies as the symbol OF
the sovereignty % this country il IS rails
"a by an authority created and existing
under the constitution. The rag now
floats in Philippines by virtue OF the war
and treaty making power through which
we have acquired that territory IL was
raised IN Porto Rico under the same
authority tt waves there now as the
symbol Of the sovereignty Of the Republic
over rightfuIlv acquired territory. which
the constitution expressly intrusts the
regulation and disposition Of 20 congress
The Constitution is in force in the Philip
pines and il is in force in Porto Rico, but
not all of its provisions. Only those pro-
visions operate there. or operate on con-
gress in Iezislating for the new posses
sious. which the trainers of the consti-
tuition Intended it should apply. Oppos-
ing counsel speaks Of the constitution as
il all Of its provisions apply everywhere
throughout the scope Of the authority OF
the government II creates. This is not
true The United States in the broadest
sense is composed Of States ard Territor-
les. organized and uEorganized. There
are certain prohibitions and limitations
which clearly apply only 20 the states
as bodies polite They were not all in
tended 10 and do not apply n the federal
government ar an. There are other linn
ltatic-s which apply 70 the general gov
eminent when acting within the state
united under the constitution There are
other limitations which apply both
throughout the states and territories, or
ganlzed and uuorganized- There are
other limitations which apply every where
borh within and without the United
states in the broadest sense. So. after
ALL it is q question Of the scope and
application q specific limitations Be-
cause as iuappIicahle limitation Is not IN
force In the rev possessions it does not
follow that applicable prohibitions and
limitations can or would be ignored
Tire territories are Tot in-
-ereral parts. bus possessions OF this
grand corporation. The governing unit
composed of the states, possess and eNer-
cIses dominion over the territories. sub
tscr only q The applicable restrictions
and limitations 81 the constitution All
the provisions ~ the constitution 10 uot