The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-05-29

and see in the republic government
different from an others, one where
children in every part Of 1t see the
same flag ana read in the sama or
ga1ic law that equality and liberty
are the inheritance of all Americans.
It VIII please the radical jirgO element
of our country, those who love war and
standing armies and the p0mp and
imperialism of rnOnarehies-
.'It overrides the constitution. y
2 violates the very genius and spir- r
y it of republican institutions. over -
= throws an unbrOken line of preCe- =
= dents established by the same y
= court, destroys the theory of Our -
= government and plunges this ma =
= ton not only into imperialism, =
= with all that the term implies. but -
= into an undisguised absolutism. .
Justice Browns Argument
ct is. no answer to say as is sug-
gested By Justice Brown, that without
constitutional restrictions we win do
no wrong Our fathers had heard the
same false and dangerous doctrine Tt
has been preached by every nation
sessions, empire, citizens with full lib
critics and persons under the same Rag
with but partial privileges 1T is the
cry of tyrants. Tt always precedes
spOiljatiOn, robbery and tyrannOus
actions. knowing this. our fathers eS-
tabiished constitutional republic.
The same liberties and IDmUDlries
We're provided for all The government
was to be homogeneous. there was to
be one flag, one constitution 10r az.
There were to be no colonies. no de-
Tendencies, no satrapies- All the. coun-
try under the flag was to be For Amer
lean citizens. and the constitution and
the flag were inseparably entwined.
THE. constitution created congress.
Congress was limited in its powers by
nation majestically moving among the
nations of the earth, free from their
infiTmities, teaching a new faith
founded upon the equality Of all its
citizens.
To-day we are robbed Of the work OF
the founders -of the republic. The
.cOwardly, miserable, pitifuI doctrine is
advanced that we may want foreign
lands and alien peoples, and may want
them under the Rag. but that occasions
TO confer fun constitutional liberty
upon such in other words Mckinley
ism and Hannaism must be upheld.
We want TO be world power; we
want TO be like European nations. and
hold people IN servitude and acquire
their occupants and govern them WITH
out their consent. We want colonies
with whom we can experiment.. whom
we can deal with without limitations.
we AdILt Two tl.1>.t'S tAL amer
those who possess fun constitutional
liberty and those who may have no lib
erty. or only such liberty as we may
determine.
Incompatible With Traditions.
This cannot be done ia q republic.
this policy is not compatible with our
history and traditions; but il is neces-
sary in this commercial and strenuous
age. so the constitution must be com
strued away and the door opened for
national piracy, spoiiau ton. benevolent
assimilation, harloting with those with
whom we have nothlnS in common,
either racially or otherwise, and an Ju-
restrained career, that must inevitably,
end in national degradation, ST not sui
eide. Mr.. CfrOte, in his splendid history
of Greece, points out the terrible end
immortality.
III the American people accept -
2 this INDUSTRIOUS decision, they =
= brand themselves with immorali- =
~. BY accepting it they turn 2
away from the path OF SAFETY TO =
the devious and destructive ways =
? OF monarchlaI governments.
What Court Decides.
THE court has decided that congress
is above the constitution: that it can
withhold or extend its provisions at
viii; that If can govern distant lands
and peoples without reStrictiOn- that
we can have subjects and vassals cut
side the t0Fty-hVe states. that when
panopfed by statehood the coustitu-
ton is q protector, but if one lives i'm
territories then congress reigns Om-
nlpOtently.
Under this view tariff laws can be
imposed TO keep out the products OF
Arizona or Porto Rico; the inhabitants
therein can be deprived of every per-
sonal right or constitutional guaranty.
1T is here that ar Justice White, see
ing the enormity of this view, in his
concurring opinion, argues thai. certain
personal liberties cannot be intringed.
But the doctrine as announced by Mr..
Justice Brown (and it is the logical
view If YOU deny the insepara bihty Of
the constitution and the hag) does not
adglit of this qualification
The dissenting opinion of that great
man, Mr.. Justice Harlan, shows the
dangerous departure made from the
paths which have brought to our cOuu-
try such glory and renown.
Il believe that the salvation Of The
American people is not tdead- Anon
there VIII be an awakening the noun
tebanks and harleGuims, the merCeuarv
commercial lists the deVOuring brood
that would convert the republic into
an empire, viii be hurled from place
and power and the constitution in its
vigOr VIII again be supreme
Judge Dickson's Construction.
The concluding paragraphs of the
speaking for "A majority OF the court in
the Downes case, said Judge ~. III.