The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-02-04
Judge HurIan for The Constitution.

Judge HuTIan for The Constitution.
Some remarks alleged to have been
made by Associate Justice John Marshall
Harlan OF the Supreme Court, al the an
nual Loyal Legion banquet in this city
last Friday night, have created a notable
stir in AdminisJrat ton circles and among
Republican Senators and Representatives.
Unless they should be denied the proba-
bic result viii be a concerted and desper-
ate cTcrt 70 get the Spooner resolution
passed, as rider TO an appropriation
bill or IN any other way that can be
schemed-
What Mr. Justice Harlan is quoted as
saying wGuld seem to constitute concIu-
sive proof of his attitude in connection
with the constitutional cases before the
Court, while, Of course at the same time
he might be in minority as the story
goes. he said that the Constitution was
the supreme law Of the land-supreme
over Congress. the President, the terri
tory, and the people Then, it is related
that he used the following language. the
words being carefully taken down by enc
OF the gentlemen present:
The fathers Of the Republic never intended
OF desired that Congress should have authority
Or any power over any part Of the surface OF
the earth free from the letter and the spirit Of
zhe Constitution"
This expression Of opinion will not sur
prise anybody who knows the distin-
guished jurist. It viii not surprise the
White House. which has been satisfied for
some tine that the Supreme Court will
hold the Porte Rfcan Tariff law. and ap-
plicatiOn Of the Dingley tariff to our do
nestle trade with the Philippines, to be
completely Unconstitutional UJterances
like the above only serve 10 emphasize
the danger which threatens one of the
most interesting numbers On the Repub-
lican programme. It viii spur the bell
Wethers OF the Senate 10 action There is
but one way 10 save the bacon Of the
splendid poIitico-f financial combination
which has been organized to seize and ex-
plot everything Of value in the Philip
pines. and that IS FOR Congress TO sur
render its legislative powers and func-
tious as far as the islands are concerned,
10 the President.
No doubt there are people who be
IIeYe that majority o. the Supreme
Court viii sustain Mr. Mckinley in his
violation Of What he defined as our plain
duty to Porto Rico" and in what ex-
President Harrison calls "a departure
from right principles" but such optimists
are not 20 be found among lawyers or
Statesmen. They realize that the dictum
OF the Supreme Court, as pronounced by
Chief Justice Marshall in the case Of
Louehboroush IS. Blake; that the United
5te-es g. q Republic composed Of States
and Territories. the latter being as much
q part ot II as the former. has stood the
test Of time too long not to be as good
las l0w Is If was ia 1920. II a flaw could
could have been found in il, that would
have been done years ago. No one whose
opinion j. worth considering can he found
who is not satisfied that the decision ex-
pectsd one week from today VIII uphold
the Constitution ard not the Adr1inistra-
tfon. Perhaps we ought 20 except a few
persons Ike Attorney General Griggs,
Senator Foraker. and Representative
Payne Of New York; out their personal
connection with the matter may be con-
sidered as rendering their opinions of
little value Certainly. II what they fear
shall happen, they viii hardly escape
without a more or less complete loss of
their professional reputation
Nothing but the possibility of a supine
surrender OF its prerogatiye By Congress
probably row stands between the principal
trusts allied with the Administration. and
that terrifying and monstrous demon. Com
petition Unless the way car be opened for