The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-06-02
Asserts that the Majority of the JUS
ticcs Have Placed Congress
Above the Constitution.
VIEWS OF w. f. CHANDLER
HE SUGGESTS 4 REHEARISG By THE
SUPREME COURT.
Says n Mistake Was Made in DecIar-
ing Duties Levied Under the Ding
ley Act Unconstitutional.

LINCOLN, Neb., June Taking for his
text the words Emperor Mckinley" w ].
Bryan tonight gave out an extended state
ment bearing on the Supreme Court deci-
sion in the insular cases. Mr.. Bryan frank
ly admits that the courts verdict is ex
tremely distasteful to him, and the Ian
guage he employs is more vigorous than is
customary with him. He boldly declares
the Supreme Court has joined hands with
the President and Congress in an effort
90 change our form of government, and
he calls the people to repudate the
verdict. Mr.. Bryan says. in part:
by vote of to 4 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 on
him by the highest judicial tribunal of the
land
Those who were encouraged to believe
that the Constitution had caught up with
the flag were doomed to disappointment.
In the Downes case, decided Immediately
afterwards. a majority of the court, COM
posed of Justices Brown, Gray, White,
Shiras and McKenna, held that Congress
could deal with Porto Rico (and the same
logic applies to the Philippines) without re-
gard to the limitations Of the Constitution.
Chief Justice Fuller and Associate Justices
Harlan. Peckham and Brewer dssented In
strong and vigorous language. but the opin-
ion of the majority-even a majority OF one
stands until 1t is reversed
This is one OF the most important de-
cisions, If not the most important, ever
rendered by the court; it not only declares
that Congress is greater than the Constitu-
ton which created 1.-THE creature greater
than the creator-but il denies the neces-
s.ty for a written Constitution. The posi-
tion taken by the court Is defended, or
rather excused, but reasoning which if FOL-
lowed, will destroy constitutional liberty IN
the United States Every reason given by
Justice Brown could be used with even
more force TO support a decision nullifying
all limitations placed by the Constitution
on Congress when dealing with the citizens
OF the several States.
ON GROUNDS OF EXPEDIENCY
eff the Porto Ricans can trust the wis
dom and justice of a Congress which they
do not elect and cannot remove. why do
the people of the United States need Con-
stitution to protect them from a Congress
which they do not elect and cannot re-
move? The decision in effect declares that
the people are not the source of power; it
defends taxation without representation
and denies that governments derive their
Just power from the consent of the gov
erned. II assails the foundation of the
THE dissenting opinions bristle with
precedents and burn with patriotism They
ought TO awaken conscientious Republicans
TO realization OF the meaning OF i'm
perialism.
This decision, like the Dred Scott de-
eision, 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 re-
mains an appeal TO the people. In order 10
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 Constitution followed the flag durin,
any OF these periods under consideration.
This ruling was made because. in the
opinion or the court. a law enacted for the
purpose OF levying tariff duties against a
foreign country could not be applied in
levying tarin duties against country that
was not foreign. In other words: III. i'm
mediately after the ratification of the peace
treaty. Congress had enacted a law Ievying
the Dingley rates specially 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 a formal act of
Congress establishing these rates as apply
Ing TO Porto Rico The logic OF this opinion.
IL applies TO the right of Congress to
levy tarin customs. would make II possible
for Congress TO levy tariff duties on articles
coming from any Territory OF the United
States.
UNFAIR TO THE ISLANDS
with respect TO our new possessions the
decision Il an unfair one because Il denies
TO them equal trade privileges with other
portions of the United States whose sover-
eighty has been established over them and
the purpose OF the Constitution I'm providing
for equal trade privileges was that no sec
tion subject TO United States sovereignty
shall ever become the victim of discrimina-
ton. This principle is in line with the very
Foundation principles OF this governments.
which contemplated that all the people OF
the United States should have equal privi-
legeS, should be exempt from discrimina-
tionS and should enjoy the tmmunities
which the Constitution makers conceived
TO be essential TO the perpetuity of free i'm
stitutiOns-
After an extended summary OF Justice
Browns reasoning Mr. Bryan continues:
Throughout the majority opinion delivered
by Justice Brown runs the theory that the
American Congress may do anything not
forbidden in the Constitution. This Is one
OF the most repugnant features Of this
opinion Justice Brown seems to have
searched the Constitution for prohibitions
rather than 10 that grant OF power which
the American people have always con-
ceived TO be the true office OF that nstru-
Mr.. Bryan concludes as follows: "To what
a glorious field Cor ins pection this Justice OF
the Supreme Court has invited the Ameri-
can people. Under this opinion we are
about 10 embark on Great Britain's colonial
policy. and to reassure ourselves. TO quiet
our conscience. we have but To look at the
history or Great brltain towards Its out
lying possessions since the American revo-
luton. An inspiring spectacle. indeed We
may look at South Africa. where Great
Britains unrestrained possession OF power
has destroyed two promising republics and
has drenched the soil with the blood OF
patriots: Ne may look at India. whose peo-
pie have been dying by starvation for
years-at India. where ON several occa-
sions the bounty and generosity OF the
American people have been nece ,sary to