The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-08-23
AT YESTERDAYS SESSION OF THE
AMERICAN BAR ASSOCIATION
AT DENVER
ROAST FOR SUPREME COURT
In Address of Congressman Little
field, of Maine, Draws n Spir-
tied RetOrt From Law
yer Moses.
TALKED OF INsULAR CASES

DENVER, Col, Aug. "a SensdIloli
was caused at today's session OF the
American Bar association by the address
of Congressman Charles E. Littlehelh, OF
Maine, on The Insular Cases MT.
Iittlefelds address drew forth loud anu
long continued applause, and mouon
was made to tender a vote of thanks for
it but this was declared out of order by
the president on the ground that the
sneaker is a member of the association.
The view of the mover was not, however.
universal with the members, for just be-
fore recess was taken AdOlph Moses. OF
Chicago, made a vigorous protest against
what he characterized as "an unWar-
.ranted attack upon the supreme court or
the United States" His remarks were
cut short by point of order, but his
words were greeted with applause. III
which a considerable minority OF the con-
vention joined.
The convention met at 10 o'clock, ana
President WetmOre at once introduced
Charles LittlefiCld, of Maine.
NIR. IITTLEFIELD'S ADDRESS.
The "insular cases. he said, considered
in the manner in which the results were
reached, the incongruity of the results
and the variety Of inconsistent views eX-
pressed by the different members or the
court were without a parallel in our 1u-
dicial history"
Taking up the first case, known as De
Lima VS. Bidwell, stating the opinion OF
every member of the supreme court on
the same, the speaker said Justice Brown
did not announce the conclusion ana JuoS-
7nent of the court affirming the judgment
of the court below, but rendered one Oh
his own. Referring to the opinions or
M
the same case. the speaker said:
Technically speaking there is no opin-
ion of the court to sustain the Judgment.
If the Dooley case (knoWn as DOoley & W.
United States) is controlled by lhe
DoWnes cases there would seem TO De no
good reason why it should not have been
decided That it was not, raises the IN
ference that it would be decided adverse
" to the government, or that there was
q greater difference of opinion than usual
with reference to it. Mr.. Justice Gray
is the only one who indicates his posi-
ton in this case"
Mr.. LittIefeId considered the other
causes which had not been passed upon
and said in the unsettled condition or
the court it was hardly worth while to
speculate as to the result Of those cases.
His conclusion as TO Porto Rico's status
IS, briefly
so far as the operation of the con-
stitution is concerned, this territory WAS
to all legal intents and purposes part
of the United States. 1t matters not
how the constitution reached the terri
tory so far as this case was concerned, SO
long as it was there"
Mr.. Littlefield next discussed the thir-
teenth amendment to the constitution as
it was construed by the supreme court in
re Porto Rico and the Philippines He
quoted the amendment and gave a his
tory of the case. Then he said, referring
to slavery as it existed in the United
States:
THE negro cannot be driven out Of
the South. He is vastly the superior
of the Filipino physically, and until the
Philippines produce Fred Douglass or
a Booker Washington he has nothing TO
fear in an intellectual comparison"
At the conclusion of Mr.. Littlefeld's ad-
dress, reports of standing committees
We're submitted without being read. The
commercial law committee in its report
expresses dissatisfaction with the new
bankruptcy law and declares that it has
made strong efforts to secure amend
meuts, but in vain.
MR. MOSES DISSENTS.
At this point Mr.. Moses got the floor
and said:
Il wish to record my vote of dissent
to the general applause which followed
the presentation of the insular cases by
Mr. Littletield When the matter came
to my attention l looked with a great
deal of pleasure to the fact that he had
chosen this difficult subject for the in
formation of this association. l regret
to have listened, not to a piece of in
formation, but rather to what is con-
sidered an unWarranted attack upon the
supreme court of the United States and
as member of this association ! wish to
raise my voice in protest against the use
of this platform for purpose of this
kind. / remember to have read that
when the celebrated case of Cohen VS..
Virginia was decided by Chief Justice
Marshall he was burned in effigy in the
city Of Baltimore He was denounced
in every court house in Virginia and yet
we look upon that great decision as one
cf the vindicationS of the government.
And that is not the only instance where
denunciation has followed the action OF
the supreme court of the United States
Those who believe with the majority
have full confidence in the sober second
thought of the people of the United
States as to the correctness of this great
decision.
1T has a political aspect, and it is but
natural that all of US free Americans
should take divergent views, but 1 pro-
test against the use of this platform
on the part of any man. however capa-
Here Thomas NJ Patterson, of Penn
sylYania, interpOsed a point of order
which was sustained by the president and
recess was taken until o'clock tonight.
The section OF legal education of the
American Bar association met this after.
noon at the Tabor Grand opera house
Hiram F. Stevens. of Minnesota, pre-.
sided.