Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1901-06-01
SUPREME COURT TO
UPHOLD GOVERNMENT
An Apparently Authentic Forecast
of the Decision in the In
sular Cases.
70 HAND DOWN OPINION MONDAY
Majority of the Court, 1t Is Claimed
Agree That tho Constitution Does
Not Necessarily Follow the
FIag-Dissenting Opinions.

Chicago, May 27.z-What purports u
be the forecast of the supreme COURTS
action in the insular case, published In
the Chicago Record Herald, Is regard
ed In administration circles as entireiy
probable. According to this chicago
source, the decision will be hanoeu
down next Monday, and will be favor-
able to the administration. In the war
department the belief Is general tnal
the decision must come before the lohs
summer vacation, which would neces-
sarily mean Monday next, and that
will be favorable, they have not lne
slightest doubt. 1t Is inconceivaple'
they point out, that the court, were its
inclinations against the administration,
would keep the matter pending longer
than this, with umulat coInpiicd-
tons which such delay would invite
The new Philippine tariff, for example,
is now In its final stages. lndustrlal
and customs experts are going over
II to pass judgment upon the COM
plants hat have been mad by Amer
lean exporters. Whenever these seem
well founded some slight changes VIII
be made In the draft compiled at Ma
Mia, but otherwise II will be adopted
with little variation. The president
will probably allow enough time be-
tween it's PRONUNCIATION and enforce
ment to provide for goods which are
en- route for the islands. No decision
has yet been reached by the secretary
Of war as to either of these dates, ex-
cept that there Is no intention or nav
ing the new tariff go into force until
the new civil government, which De-
gins with the fiscal year, is well under
q
Outline of decision.
The Record erald's correspondent
says:
1.-THE decision is In favor of the gov
eminent, but by q divided bench. 1 am
not able to say with positiveness how
many dissenting opinions there Will be,
but two or three is the number expect
ed by those who are best informed.
There will be at least Ave individual
opinions, but some of these are con-
curing opinions, expressing the views
of the writer's more fully and partiou-
larly than is done in the opinion or the
majority.
II understand thai the opinion OF the
majority in this case has been written
by Chief Justice Fuller.
Concerning the chief ground upon
which the majority have their decision
in favor of the government, direct ano
positive information has reached me
The court goes back 10 the PERIOD III
which the republic was formed and the
constitution framed and ~endeaVors &C
ascertain what was the intent or the
founders OF the nation.
TT holds that the constitution WaS
drafted by the representatives or th'
states which afterwards became mem
bers Of the union; that this organic
act was ratified by those states; ina,
II applied to them alone; that 1t mac
nothing to do with territories, belnt
made by the states for the states. Th'
people of the original states were II
their combined action the politica
power which gave birth to a new SOY
ereign nation, not the people or tn
territories then In existence of after
ward acquired.
The states of the union, therefore
the majority hold, are still the seat o
political power, and territories or new
possessions can be Incorporated with
i'm the national domain, constitutional
ly speaking, only through the con
scious will Of the states, expressed b,
congressional action In statute o
treaty. Acquisition alone Is not in
corporation"