Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-11
THE FLAG GOES ALONE.

It has been some time since the coun-
try was agitated with discussion of
the question. Does the constitution
follow the fag2'' but it Is of Interest to
know that the United States supreme
court continues to reiterate majority
opinion that 1t does not. Close students
Of governmental history have no diff
Guilty in finding plenty OF precedents to
teach them that territory can become
an integral part of the United States,
subject to all its legislation and parti-
ceps to all its constitutional privileges
only by act of congress, but 1T was
fine point to be decided when this gov
eminent acquired distant Islands of the
sea and undertook to hold them, with
tneir strange people, as dependencies.
The supreme court, Itself divided al
most evenly upon 1t, but fortune IA
vored this government and the major
lily opinion was cast for that decision,
without which this government could
never possess territory 20 be admins
tered as a colony.
The first case that came up was a
customs case, matter OF tariff duties.
The constitution explicitly provides that
all imposts and duties shall be uniform
thruout the United States. Naturally
when Porto Rico and the Philippine
islands were acquired some importer
insisted that he should pay no duty up
on goods he was shipping into the
states from these islands. The supreme
court found that the language or the
constitution clearly made distinction
between the Omitted States" and its
territory" that the statesmen VINO
drafted the document made such dis
tinction. both In their public utterances
at the time and in their subsequent acts
rs high officials under the constitutions;
that every state since admitted into the
Ilnion has acquired its rights and status
only by act of congress, and It's conclu-
sion was that territory acquired did not
come under the provisions of the con-
stitution until placed there by act of
congress.
Since then the subject has dropped
from public view until 1t came up
again from Hawaii in a case in which
some criminals had been convicted
there, by the local courts, the formali-
ties of which are not the same as pro-
yided for United States courts by the
provisions of the constitution. The SUI
preme court again holds that Hawaiian
Justice is good enough for Hawaiian
criminals and that the latter can not
seek shelter under the United States
constitution when their crimes and trial
were committed before congress had
provided a government for the islands.
The court, however, again divided upon
political lines the same as before. JUS
tees Harlan. Fuller, Brewer and Peck
ham dissented.
In regard Ia this political alignment
of the court we recall personal letter
from Congressman Cousins written at
the time of the Porto Rican legislation
pending in congress and before the SUI
preme court had uttered its opinion, in
which he said:
"In the first place, there is the great
constitutional question, upon which
most republicans are agreed, as against
the democratic position. If. as contendei
by the democrats, that the provisions of
the constitution extend nit once to a |
of our possessions, Porto Rico and the
Philippines, that would give them every
right now enjoyed by American cit!-
|zens, including the right Of representa-