The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-06-02
WI. BRYAN IS CAJ2T.G
TEARS THE FEDERAL SUPREME
COURT DECISION IN DOWNEs
CASE TO TATTERS
CONSTITUTION IS ovERRULED
ACCORDING TO MIR. BRYAN's
ANALYSIS OF COURTS MA
JoRTTY OPINION
PRAISE FOR THE MINORITY

PRAISE FOR THE MINORITY
LINCOLN, Neb., June 1.-Taking for
his text the words Emperor Mckinley"
W. J. Bryan tonight gave out an ex-
tended statement bearing on the supreme
court decision in the insular cases. Mr..
Bryan declares the supreme court has
joined hands with the president and con-
gress in an effort to change our form Of
government, and he calls on the people
to repudiate the verdict. Mr.. Bryan says
I'm part:
by a 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
cal tribunal Of the land.
Those who were encouraged to believe
that the constitution had caught up with
the flag were doomed to disappointment.
In the DOwnes case, decided Immediately
afterwards, majority of the court, COM
posed of Justices Brown, Gray, White,
Shlras and McKenna, held that congress
could deal with Porto Rico and the same
logic applies to the Philippines without
regard to the limitations of the constitu-
uon. Chief Justice Fuller and Associate
1''91iNS9 4AdIIdIlg 16ChQdm ana Brewer
olSsehJed IN strong and vigorous Ian
gCaSe, but the opinion of the majority
even majority of One-Stands until II
Is reversed. This is one of the most i'm
loIL2uI decisions, If not the most i'm
pp.lant, ever rendered by the court. if
E't only declares that congress is greater
IMAM the constitution which created it
me creature greater than the creator
hLI IL denies the necessity for a written
constitution.
CONSTITUTION OVERRULED
The position taken by the court Is de-
ItHaeu, or rather excused, by reasoning
Mncn' II followed out, will destroy con-
45LItuLonal liberty in the United States
Cohid be used with even more force 70
s. port deci ion multiplying all lin tai ns
lieu by the constitution on congress-
wren dealing with the citizens of 80 80
sew eral states If the Porte Pioo,Il 81 eIie
- ISL me wisdom and justice of a con
SItSs which they do no elect and cannn+
et Sli-oIe, VINO DO the people of the United
states need constitution to DrOtect tbor1
from a congress which thew do 49, itSii IN
can remove? The decision in effec+ 'I 1n
C os mat the people are not the souSce
Tarr pomer, defends taxation without
L,,e5plIetsentation, and denies that gaVeTn'
mthts derive their just power fr6T1 - ~ h.
consent Of the governed -ioilI the
,,,EH assaHs the foundation Of +ba "a
1edianc@1I1 anu uoes SO on the ground of ex-
The Inc dissenting opinions bristIe Will,
fhe(- oILlrL+ anu burn with patriotism
oI,J;1io ousht TO awaken conscientious Re.
OF Imperialism. VI TIE meaning
oi.f ms decision. like the bred Scott -
h. ~ ~ eISG s a political issue which T,,1e+
court has joined with tba 80; supreme
-, eSS IN an attempt to cbanoe + III
remains o ouI government, but there 80
IN 0rd 5n appeal to the people, 'o'
o-,inio,, VI uer TO fully understand +bozo
know,
NJ ,ndI The Dingley tariff ratos ~ Iul,
dfS Io+ an against Porto Rico. tha cOIIit
stitution foI lou me theory that the con
'iieSe periods under consideratio, any
AN OPPQRTUNIsT COURT
o,iI ms ruling was made beaausa l..
oPIhIon Of the ccurt g 5,'GcauSe, In the
su5 purpose of levying taT Tiiacted for
applied in 1ITel2n country could nor he
..TID"ntFy that was not 'fCTeten ,"s0Ihst
tba ~ u, o. neF words, if immeGi4fai,, oe.
e-ress 80 cation Of the peace treaty. ro1l
ley rates e 800 "a law levying the Ding
tbosa' CeS SPECIALLY against Porto p rs
tiIo rates would have nrev9 10 RICO,
tariff rafo oPIn2on, the legality of am
tinted az e. between Porto Rico and ' ne
fo1-rIai otales SIMPLY waited uTon '4ie
L Lo-al act o. -cOngctss esIabIisbi5o1 81!
M as applying to Porto Rico 80
to The he i riS6+ OF this opinion as it apples
customs would make il posSir-i ieE y tariff
SIS. 10 levy tariff duties on 9r+i L III
SIatolsss from any territory of the In ia
-, With respect to orr now, rossou-.---
~ ~ ueclslon Is an unfair one becaIISo =
- .50S 10 them equal ira lie nriviiaoaS
49, No. ooner portions of the United STATES
over Them, and the pur,pOse of tI S IlSd
GCIeIS ION IN providing for eupaI 80 IL
p ETI4tI5es was that no section suhiecf
booo OnlIe "a states sovereignty shall ever
nf
~ -Cclpie Is IN line with the very fo1,Idi9
o-on principles of this government NH 81,
I2,itts lpiated that all the people of - a
4 L.leu. states should have eGno1 -
ueSes, should be exempt from, n ii GI1 I, PRIV
t.GHs; and should enjoy the in1mnnities
mHlcn the constitution makers Con-
o Of free to De essential to the perpetuity
AFTER an extended summary of ms
re crowns reasoning, Mr.. Bryan CON
Throughout the majority, o,.,,o ).
nVered by Justice Brown RUNS The tbeor,,
tilaI une american congress NAV do any,
IInllng not forbidden in the constitutin3
+,I irls Is one OF the most repuSnant fea-
seems to have searched the const ti1f on
Tor prohIbitiCns ra her than fer thu
grant or power which the American peo-
pie have always conceived tn he ~
true Office of that instrument"
IN JOHN BULLS STEPS
Mr.. Bryan concludes as follows.
10 what a glorioIs field for inspe,-
Ion Ihis Justice Of the supreme court
mas as invited the American people
Dnder this opinion we are about 70
embark on Great Brtain's colonial noi H.
cy, and to reassure ourselves. to Quiet
{ our conscience I We have but to look at
tne history OF Great Brita MS attitude
toward its outlying possessions since the
American revolution -
An inspiring spectacle, indeed.
I'VE may look at South Africa, where
r 70 in
of power has destroyed two promising
republics and has drenched the so with
the blood of patriots; we may look at
by starvation for years; where on sew
eral occasions the bounty and generosity
Of the American people have been neces-
sary in order to save human beings, W.
ing under the sovereignty of Great Brit
ain. from death by Starvation,