The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-05-28
sUsTAINs THE GOVERNMENT.
The constitution does o follow

KNOCKS Tie last prop lIOm uuueA CAC
little Americans in their bitter and
unreasonable opposition to the admin
istration. The decision is the most
important ever rendered by that high
body and is a complete vindication OF
the administration and the majority
of the republicans of the land. 1t
settles forever the question as to the
powers of congress in the matter OF
legislating for the government of the
nations insular possessions and de-
fines the constitutional and legal stat
us of those possessions, as well as
those Of the territories.
The line of reasoning followed by
the court in arriving at it's conclus-
ion is the same as that advanced by
the opponents of the proposition that
the constitution by it's own force pro-
jects itself into territory acquired by
the United States since that docu-
ment was framed and sustains them
in their contention that legislative
enactment is necessary to make it's
provisions apply to territory acquired
subsequent to it's adoption.
The court goes back to the time
when the republic was formed and
the constitution framed and attempts
to arrive at the intent of the trainers.
1t finds that intent to have been that
the constitution as adopted and rati-
fed was intended solely to apply to
the original states with no thought
for the territories. The clause re-
lating to uniformity Of taxation
throughout the United States, the
court finds, was placed in the consti-
tuition as a result Of the j%ealousies
then existing between the various
states which originally united to
form the nation. These %jealousies
were caused By the attempts of the
different states to gain advantages
owe each other in the matter of i'm
%portations, and the rule of uniformity
was adopted as a primary measure to
place all states On an equal footing
in that respect, and so long as the
duties on imports are uniform in all
the ports of the United States the
constitutional requirement is complied
with. The decision upholds the posi-
ton of the administration and the ma
the actual political power, and there
fore it is the province of congress to
extend the provisions of the consti-
tuition to territories, if congress so
wishes. In other words. II insular
possessions and the territories. for
that matter, while the property of
and under the jurisdiction and control
of the United States, can only be in
corporated as an integral of the ma
ton by the expressed wish of the ma
ton, made through congress. and
until that incorporation has beer so
effected the power Of congress to leg
islate for those possessions regard,
less of the constitutional provisions
applicable to the states, the real SOY.
erelgn body of the nation, remains
supreme and is not to be questioned
Condensed to it's utmost, the decision
is only an affirmation of the admins.
tration's position that the question
is n over which the legislative and
not the judiciary has control.
1t will be interesting to observe the
. mmanfS nf tho onti-o1po int tro f;on
lists and the possible structures tc
which they will submit the court. Ir
a measure those comments may be
anticipated. Hints of their nature
have been given ever since the ques
ton was submitted to the court. Will
very few exceptions the democratic
editors have declared that the ad
ministration would attempt to u.s.
the power of it's influence to sway tn,
court and if possible induce it to rem
der a decision in conformity with tn,
stand assumed by the government
They will now probably make tn,
plea of undue influence, if nothin,
more They will hardly dare to go t.
the extreme of saying the court wa,
coerced, for that would be putting i
too strong, as everyone knows tn,
court is removed beyond the power O
coercion, even if it were attempte,
by the administration or any othe
body or person. But they will sa.
something and it may be taken TO
granted that it will be anything bu
complimentary to the court.