Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1901-05-31
SUPREME COURT DECIDES.

SUPkElnE CUUKI DENlDEO.
At last, the supreme court has decided the
question of our governments "insnlar policy, .
sustaining McKfley's attitude toward "our
colonies" But the decision is as clear as mud
In fact, it is so intricate, or, rather so Jumbled
up, that the editors of the big daily papers are
divided as to its meaning, some of them claim
ing that, according to the decision, the consti-
tuition follows the flag, while others claim that
it means that the constitution does NOT follow
the flag. So, possibly, it means that some
times the constitution follows the flag, and
sometimes it doesn't. Anyhow, Mckinley and
his crowd are pretty we'll satisfied with the de-
csion, although there seems to be kink in 1t
as regards the Porto Rican tariff, and there IS
talk of an extra session of congress to straight
en- it out
The text of the decision is as follows:
T. The constitution does not follow the flag
of its own force.
2. The United States NAV enter upon colo
NAL policy-has already done so-without vio-
lating the constitution.
4. This nation has all the powers that right
fully belong to sovereign international state,
and may acquire territory without Incorporating
such territory as an integral part thereof.
A. The simple act of acquisition, by treaty OF
otherwise, does not automatically bring about
such Incorporation; and incorporation is eject
ed only by the will of The states acting con-
sciously through congress.
&. Porto Rico is not part OF the United
States, but "a territory appurtenant and belong
ing to the United States" Tariffs established
by congress upon goods coming from or going
to Porto Rico are valid and collectible. The
Foraker act is constitutional.
6. Congress has full power over the terrific
ries, may regulate and dispose of them, may at
its discretion extend the constitution to them,
NAV admit them states, or may hold them
indefinitely as territories, colonies or depend
encies.
=. Porto Rico is not "foreign country"
and. therefore, the Dngley law, which levies
duties upon goods imported "from foreign coun-
tries" does not apply to Porto Rico. Nor yet
is "Porto Rico part of the United States.
It is domestic territory, over which congress
has unrestricted control"
The decision was not the unanimous opinion
of the court, however, but it was adopted by a
vote of five to four, as follows- For: Brown,
GRAY, Shiras, White and McKenna; against:
Fuller. Harlan, Brewer and Peckham.
Justice Harlan spoke his mind on the subject,
and spoke it freely. He denounced the impe-
rialism of the majority decision in the most
vigorous language. He denied that the const-
tuition and the government had been made tor
the states alone; that was tantamount to saying
that this was mere league of states; the con-
stitution was made for all the people OF our
great empire, which embraced states and terri
tories, as Marshall had said Congress has no
authority-no existence--outside of the consti-
tuition.
He did not like the idea that we are to have
two governments in this country, one resting
nron the constitution for Americans, the other
without the constitution, and for subject peo-
nile. If other nations hold colonies, he said,
that was no reason why the United States
should do So Certainly we are not authorized
TO interpret our constitution by what other ma