Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-06-03
CONSTITUTION AND CONGRESS-


contemporary has taken to task the
ro,lt,clans who see, In the decision Oh
the supreme Court in the Porto Rlco
case great danger to the Constitution
Of our country In the course oil us
defense of the decision It says
owe In the West while In the Terri,
.,,ial condition understood that we nau
IN look 10 Congress and not 10 the w.
st,tntlon for our charter OF government
without Congressional enactment, no
Tarritorv can be organized as sucn' anu
his organic act Is what we nave III
lieu Of a constitution.
Tho writer of those sentences Is llt'
te mixed in his own understanding Ok
tho matter. While It is trte that no
Territory can be organized without con-
crsssional enactment 1t is also fact
mat no state can be admitted TO the
Union without congressional enactmeh"
AS soon as State is admitted the Coil
sttutIon applies to 1t as fully as 10 lhe
original states. The contention has beeh
on one side Of the argument that
Territory IS part Of the nation, ana
therefore the Constitution Is EXTENDED
over II ex proprla yigore. This seems
to be the position taken by the major
nv Of the court In the De Lima case
Rut on the other hand, Congress, II Is
decided. could legislate for an organized
Territory or possession of the United
states absolutely and without the re-
sirlctlons OF the Constitution. But
even granting this to be right, 1--WE in
the West" aid NOT understand while
in the Territorial condition, that we had
10 look to Congress and not to the Con-
sttution for our charter Of govern
ment," for the Organic act contained
this specifications
THAT the Constitution and laws OF
the United States are hereby extended
over and declared to be In force in saii
Territory OF Utah, so far as the same or
any provision thereof may be appllca-
BILE"
At later late this provision was
made applicable to all the Territories
in these words
1.-THE Constitution and all laws Of the
United States which are not locally in
applicable shall have the same force
and effect within all the Territories. and
IN every Territory organized as else
where in the United States"-Revlsed
Statutes OF U. s., Sec. 1891.
As every officer Of the government,
national and local, Is sworn to uphold
the Constitution OF the United States,
the provisions Of that instrument must
govern the official actions of them all,
our contemporary argues that "the
oyershadowing power Of the Constitu-
tlon," once extended over a territory
or possession Of the United States. can
never be withdrawn. So, then Eve OF
the West" were under the Constitution,
and we looked TO it as well as to Con-
gress for our rights and liberties and
'our charter Of government"
AS TO the argument that the Constl-
tuition once extended cannot be with
drawn, we only have this TO say. II
Congress has the absolute right 70
withhold or to extend II over a part
OF the public domain, II would seem
that Congress has the same power to
withdraw 1t. II the Constitution Of IT.
self spread its 'oyershadowlng power
over Porto Rico before Congress acted,
as the Supreme Court has decided, ana
It was withdrawn as soon as Congress
legislated for the island, what is TO
hinder Congress, after extending Inc
Constitution over an island. from with
drawing II by the absolute power
which the court says is invested IN that
body?
We may look for much contention
over the decisions OF the court. The
doctrines enunclated relate to the 'ery
fundamental principles Of our govern
mental system. And seeing that the
learned jurists composing that tribunal
are 50 strongly divided among them
selves. and the division Is not altoge-
Their on party lines. there Is no wonder
that the opinions rendered occasion 70
great a diversity Of views among the
people There need not be any bitter
ness Of feeling however. nor is there
any need for vehement deuunciatlou on
one side or The other Il is better Tor
all dlsputan,s 20 concede honesty OF
purpose to their opponents, and 10 give
reasons rather than resort 10 eplthets
The ruling Of the majority Of the
court is the logical conclusion " the
argument that Congress possesses al
the powers not prohibited by the Con.
siitution. The contention against that
idea IS. that Congress with each branch
OF the national government has no pow
er but that specifically given TO It by
The Constitution. and that II further
powers become necessary 20 the nation.
al welfare, they must be given by the
people through an amendment TO that
instrument
These opposite opinions win doubt
less be held as long as there are two
great political parties In the country.
Happily, they may both be freely and
safely entertained, while The will Of
the majority, as expressed through Con-
gross and interpreted by the courts. Is
held and obeyed as the supreme law.
CUBA AND THE AMENDMENT.