The age-herald., 1901-06-02
He Says the Supreme Court Has Made the President
 Emperor Mckinley
RECALLS DRIED SCOTT CASE
Says Justice Brown Searched the Con- stitution for Prohibitions Rather Than for Grants of Power.
 Entering Colonial Policy.


 text the words Emperor Mckinley" W !. Bryan tonight gave out an extended statement bearing the Supreme Court decision in the insular cases. Mir. Bryan frankly admitted that the courts verdict is extremely distasteful to him. and the language he employs is more vigorous than is customary with him. He boldly declares the Supreme Court has joined hands with the President and Congress in an effort to change our form of gov ernmenf, and he calls on the people to re- pudiate the verdict. MT. Bryan says In part: "By vote of to the Supreme Court has declared President Mckinley Elm peror of Porto Rico, and according to the press dispatches the Emperor has gladly and gratefully accepted the title con ferred upon him by the highest judicial tribunal of the land.
 "Those who were encouraged to believe that the constitution had caught up with the flag were doomed to disappointment Tn the Downes case, decided immediately afterwards, a majority of the court. com posed of Justices Brown, Gray, White, Shiras and McKenna. held that Congress could deal with Porto Rico (and the same logic applies to the Philippines) without aregard to the limitations of the constitu- tion. Chief Justice Fuller and Associate Justices Harlan, Peckham and Brewer dissented in strong and vigorous lan- guage: but the opinion of the majority even a majority of one--stands until It IS reversed. This is one of the most impor- tant decisions If not the most important, ever rendered by the court. It not only declares that Congress is greater than -.she constitution which created it, the staxa1iife eraaser than the er6as5f but it 5 denies the necessity for a written consti- tution. The position taken by the court is defended, or rather excused by reason- ing which if followed. will destroy con- stitutional liberty in the United States.
 Assaults Foundation of Republic. Every reason given by Justice Brown could be used with even more force to support a decision nullifying all iimita- tions placed by the constitution or Con gross when dealing with the citizens or the several states. If 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 constitution to pro- tect them from Congress which they do
 
 effect declares that the people are not the source of power; it defends taxation without representation and denies that governments derive their just powers from the consent of the governed
 Tt assais the foundation of the repub- lie and does so on the ground of expedi- ency. "The lissentng opinions bristle with pre- ceden-s and burn with patriotism. They ought to waken conscientious Republi- cans to a realization of the meaning of imperialism.
 This decision, like the Dred Scott de- cision, raises a political issue, which must be settled by the people. The Su- prerne Court has joined with the Presi- dent and Congress in an attempt to change the form of our government, but there yet remains an appeal to the peo- pie.
 'In order to fully understand those opinions it must be known that in ruling that the Dingley tariff rates could not prevail against Porto Rico the court did not act on the theory that the constitu- tion followed the flag during any of those periods under consideration
 Levying Tariff Duties.
 This ruling was made because, in the opinion of the court, a law enacted for the purpose of levying tariff duties against country that was not foreign
 'In other words: If immediately after the ratification of the peace treaty. Con Eress had enacted laws levying the Ding ley rates especially against Porto Rico those rates would have prevailed In the courts opinion the legality of any tariff rate between Porto Rico and the United States simply waited upon formal act of Congress establishing these rates as applying to Porto Rico.
 ssThe logic of this opinion as 1t applies to the right of Congress to levy tariff customs, would make it possible for Con gre;s to levy tariff duties on articles coming from any territory of the United States.
 with respect to our new possessions the decision Is an unfair one because it deniee to them equal trade privileges with other portions of the United States whose sovereignty has been established over them. and the purpose of the consti- .uti.n in providing for equal trade priv fieg,s was that no section subject to yJnited States sovereignty shall ever be- come th. victim of discrimination. This principle is in line with the very founda- ton principles of this government which contemplated that all the people of the United States should have equal priv tlegcs. should be exempt from diecrimina tionss and should enjoy the immunities which the constitution-makers conceived to be essential to the perpetuity of free institutions."
 After an extended summary oi Jusuce Browns reasoning, Mir. Bryan continues:
 Searched for Prohibitions.
 'sThroughout the majority opinion, de- ifvercd by Justice Brown. runs the theory that the American Congress can do any thing not forbidden in the Constitution. This is ono of the most repugnant fea- tures 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 always conceived to be the true office of that instrument"
 MT Bryan concludes as follows:
 .sTo what a glorious field for inspection t,,.s Justice of the Supreme Court has in yited the American people.
 ..under this opinion we are about to embark on Great Britain's colonial policy; and to reassure ourselves. to quiet our conscience, we have but to look a. the