Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-08-23
ATTACKS ME COURT
Littleiield's Criticism OF the
Supreme Court Excites a
Loud Reply.
----.--------
In Discussion Of Insular Case He
Presents Inconsistency Of
Opinions.
Says Justice Gray Is Only One
Who Really Declared His
Position.

was caused at yesterdays session of the |
American Bar Association by the adj
dress of Congressman Charles Z. Little
field, of Maine. on The Insular Cases
Littlefeld's address drew forth loud and
lcng-continued applause, and a motion
was made to lender him a vote of
thanks for it, but this was declared out
of order by the president, on the ground
that the speaker is member of the as
soc:ation.
The view of the mover was not. how
ever, universal with the members for
just before recess was taken Adolph
Moses, OF Chicago. made vigorous pro-
test against what he characterized as
an unwarranted attack upon the SUI
rreme court of the United States His
remarks We're cut short by point of or
der, but his worcs We're greeted with APP
plause, in which considerable minority
Of the convention joined.
The convention met at 10 o'clock, and
President Wemore at once introduced
Charles E. Littlefield. of M,,ine, who de-
l,yered the annual address, taking for
his subject. The Insular Cases.
These cases, he said, considered in the
AaoAhiSi III NlllSll LIE ISSultS- were
reached, the incongruity of the results
and the variety of inconsistent views eX-
pressed by the different members of the
court ARE without a parallel in our jul
Gicial history"
Taking up the first case. known as De
Lima VS.. Bidwell. stating the opinion of
every member of the supreme court on
the same, the speaker said Justice
RrOu,n did mo- ma cioy,
and judgment of the court affirming the
judgment of the court below. but rem
dered one of his own. Referring to thu
opinions of Justices White, Shiras and
& McKenn, in the same case, the speaker
said:
Technically speaking, there is no
opinion of the curt to sustain the judg-
(. 1nent If the Dooley case (known as
: Dooley VS.. United States) is controlled
+. by the Downes cases, there would seen:
to be no good reason why it should not
have been decided. That it was not
: raises the inference that it would be de-
!. cided adversely to the government or
that there was greater difference of
: opinion than usual with reference to 1T.
Justice Gray is the only one who indi-
/. Gates his position in this case
Littelfield considered the other cases
: which had been passed upon. and said
in the unsettled condition of the court it
was hardly worth while to speculate as
to the result of those cases. His conclu-
sion as to Porto Rico's status is, briefly:
$50 far as the operation of the consti-
tuition was concerned, this territory was
to all legal intents and purposes a part
of the United States. 1t matters not
how the constitution reached the terri
tory, so far as this case was concerned,
so long as it was there"
Littlefield next discussed the thir-
teenth amendment to the constitution
as it had been construed by the supreme
court in regard to Porto Rico and the
Philippines. He quoted the amendment
and gave history of the case. Then he
said. referring to slavery as it existed
in the United States:
THE negro can not be driven out of
the south. He is vastly the superior OF
the Filipino physically. and until the
Philippines produce a Fred Douglass OF
Il Booker T. Washington he has nothing
TO fear in an Intellectual comparison"
The commercial law committee in its
report expresses dissatisfaction with
the new bankruptcy law, and declares
it has made strong efforts to secure
amendments Dul III VAIL ~ lie COLI
mittees still of the opinion
/. That bankruptcy is wise and
beneflcient legislation.
2. That the ideal bankruptcy law is
one that (a) allows every honest debt
or to procure a speedy discharge from
his obligations upon the surrender OF
all his property, OBJ gives every cred
itor complete remedy against actua
or contemplated fraud on the part o.
the debtor, and (c) Furnishes all fraue
on the part of the debtor or creditor
with relentless severity.
8. That our present bankruptcy Law
to fulfill these conditions needs careful
and trenchant amendment on the line
that this association has approved.
4. That the association should, thr,
it's committee on commercial law TO
the ensuing year, continue it's line o
!. work looking to the perfecting of tn
bankruptcy law.
At this point Moses got the floor an,
said:
II wish to record my note of dissen
to the general applause which followe
the presentation of The Insular Gases
by Mr.. Littlefield. When the matte
came to my attention l looked with
deal of pleasure to the fact that he ha
chosen this difficult subject for the in
formation of this association. I regre
to have listened not to the piece of in
formation, but rather to what l consid
err an unwarranted attack upon TIL
supreme court of the United States
and as member of this association
wish to raise my voice in protes
against the use of this platform for
purpose of that kind.
II remember to have read that whe
the celebrated case of Cohen VS.. Vii
ginia was decided by Chief Justio
Marshall he was burned in effigy in tn
city of Baltimore. He was denounce
in every courthouse in Virginia, and "
we look upon that great decision as or
of the vindications of the government
And that is not the only instance whel
denunciation has followed the action
the supreme court of the United. State
Those who believe with the majorii
have full confidence in the sober secor
thought Of the people Of the Unite
States as to- the correctness Of tn
great decision.
1T has aipolitical aspect, and 1t
but natural that all OF US freesAmer
cans should take divergent views but
protest against the use OF this platfor
on the part Of any man. however cal