New-York tribune., 1901-02-12
THE INSULAR DECISION.
DEPARTMENT OF JUSTICE OFFICIALS
DO NOT EXPECT IT TO BE Rem
DERED BEFORE THE MID
DIE OF MAY
DIE OF MAY.
IBT TEz=IRAPu TO TIE rRIBUNE.I

Washington, Feb. 1.-THE best informed opin-
ION in Washington strongly leans to the belief
that, as heretofore told in The Tribune the
Supreme Court will not render it's decision in
the insular test cases before the spring is we'll
advanced. In point Of fact. very few Of the
oldest and most experienced officials in the De-
partment Of Justice do not look for the decision
until the last day of the term. which will be in
the middle Of May. This view is wholly at
variance with the general run of stories sent out
from Washington on this interesting topic in
the last few days. and which assert the belief
that the Courts taking a recess to-day
until February - indicates intention OF
handing down a decision in the insular test cases
on that date. 1t is generally agreed among
those most familiar with the methods and tra1i-
tions Of the Supreme Court that in litigation in
volving such vital principles. and particularly
wherc the prospects favor a divided Court,
great deal more time is taken for consideration
than the casual observer of the Courts conduct
looks for.
1t is believed that not line has yet been
written by any member Of the court on the de-
cision in the insular test cases. and even when
that work is begun two or three weeks will be
consumed Whoever is designated to write the
opinion Will submit his completed work 70 all
the members Of the court. Then, if any Of the
Justices dissent. some one on that side will be
designated TO write the minority opinion. which.
like its predecessor. will be submitted TO all the
members Of the court for inspection and review.
There may possibly be dissent within the mi
nority group. and this would entail the same
programme OF labor and consume more time.
IT. however. only one opinion should be rem
dered its form and phraseology would be re-
duced to the views OF every one of the Justices,
involving a process of careful revision that
would require too much time 70 give credence TO
the belief that an early de ;ision is in prospect
If the decision should be adverse to the Gov
ernnent-which Of course. is not seriously con-
templated by the leaders Of thought in Wash
ington-it is not improbable that the President
would feel impeled Immediately 70 summon
Congress- in extra session, provided he had not
already done SO account Of Cuba, in order
to revise the Governments colonial policy in
harmony with the decision.
Beyond the assumption that the Court will
get down TO work the insular test cases,
nothing is actually known about the matter.
and at best everything on this score is pure
speculation. II is interesting 10 note, By the
way. that there has been a sudden revival of
talk in Washington about the Courts probable
decision. This. perhaps has been occasiored
by the Court having held a short session to-day
for two weeks In the remote event that the
decision should be rendered the 25th. il is
I barely possible that Congress would have time
I 10 take some action should the decision be
against the Government. However II is more
likely that this would multiply the causes for
an extra session that the President could not
avoid that unpleasant necessity.