The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-06-04
The ISSUE is POLITICAL
The Supreme Court Declares Con
gress Greater Than the
Constitution,
DECIDES THE LATTER IS UNNECESSARY
A Denial That the People Are ths Source OF
Power Taxation Without Representation
Upheld. The Very Foundations
of the Republic Assailed.
(By the Associated Press.)

(By the Associated Press.)
Lincoln. Neb.. June 1.-Taking for his
text the words Emperor Mckinley" W.
j. Bryan tonight gave out an extended
statement bearing on the Supreme court
decision in the insular cases Mr.. Bry-
| an declared the Supreme court has joined
hands with the President and Congress
| in an effort to change our form of Gov
eminent, and he calls on the people to
repudiate the verdict. Mr.. Bryan says in
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
cial tribunal of the land.
''Those who were encouraged to be-
lieve that the Constitution had caught up
with the flag were doomed to disappoint-
ment. In the Downes case, decided i'm
mediately afterwards, majority of the
court composed of Justices Brown, Gray,
White, Shiras and McKenna, held that
Congress could deal with Porto Rico and
without regard to the limitations of the
Constitution. Chief Justice Fuller and
Associate Justices Harlan. Peckham and
| Brewer dissented in strong and vigorous
language, but the opinion of the ma
| jority-even majority of one-stands I'M
til it is reversed This is one of the
most important decisions, if not the most
important. ever rendered by the court;
hot .
greater than the Constitution which
created 1.-THE creature greater than the
creator-but it denies the necessity for
written constitution.
"The position taken by the court is de-
| Tended. or rather excused. by reasoning
which if followed out, will destroy con-
| stitutional liberty in the United States.
Every reason given by Justice Brown
could be used with even more force to
support a decision multiplying all limita
| lions placed by the Constitution on Con-
gress when dealing with the citizens of
the several States. If the Porto Ricans
can trust the wisdom and justice of a
| Congress, which they do not elect and can
not remove, why do the people of the
| United States need "a Constitution to
protect them from a Congress which they
| do elect and can remove? The decision,
| In effect, declares that the people are
not the source of power, it defends taxa
| ton without representation and denies
| that Governments derive their just pow
err from the consent of the governed
1T assails the foundation of the Re-
public and does so on the ground of ex-
| pediency. The dissenting opinions bristle
with precedents and burn with patriotism.
They ought to awaken conscientious Re-
publicans to realization of the meaning
of Imperialism.
This decision like the bred Scott de-
cision, raises a political issue, which must
| be settled by the people. The Supreme
court has Joined with the President and
| Congress in an attempt to change the
| form Of our government, but there yet
remains an appeal to the people.
'In order to fully understand these
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 these
periods under consideration.
This ruling was made because in the
opinion Of the court a law enacted for
the purpose of levying tariff duties against
| foreign country could not be applied
in Ievying tariff duties against coun-
| try that was not foreign
"In other words, if Immediately after
the ratification of the peace treaty, Con-
gress had enacted law 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. The logic of this
opinion, as it applies to the right of Con-
gress to levy tariff customs, would make
| it possible for Congress to levy tariff
duties on articles coming from any ter
ritory of the United States.
with respect to our new possessions,
the decision is an unfair one, because it
denies to them equal trade privileges
with other portions of the United States,
whose sovereignty has been established
over them, and the purpose OF the legis-
lation in providing for equal trade privi-
leges was that no section subject to
United States sovereignty shall ever be-
come the victim of discrimination. The
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
| privileges, should be exempt from dis
examinations, and should enjoy the inn
munities, which the Constitution makers
conceived to be essential to the perpetuity
Of free institutions"
| After an extended summary OF Justice
| Browns reasoning Mr.. Bryan continues;
| Throughout the majority opinion de-
livered by Justice Brown, runs the theory
that the American Congress may do any
! thing not forbidden in the Constitution.