New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-12
"0AEHAN POWER" At PANAMA

"OAE-HAN POWER" At PANAMA
The law for the temporary government of
the Canal Zone arOuses the indignation Of
esteemed neighbour The Ncw-York Times" It
is scandalized because the legislative execu-
tive and judicial authority is exercised by a
single body of seven members, or it says.
really by one man-the President of the United
States, who appoints the commission. 1t de
clares: This is, of course, an exception to our
political theory and practice" and concludes:
It is not necessary to prophesy or assume acts
OF high-handed despotism in the Canal Zone.
The point to be remarked is the prejudice
against enacted law. the preference for one-nan
power. We think Mr. Mckinley. Mr.. Cleve-
land, or Mr.. Harrison would have insisted
government by authority of Congress
The first point TO be remarked IS that there
is no prejudice against enacted law. The Canal
Zone will be just much governed by law as
is Arizona. Congress has established tenn
porary government by act of April u. 1904
choosing the President and his subordinates
its instruments. They do not govern by their
own authority. but execute and make regula-
lions for the land under their care by the same
sanction as that Of the Territorial officials OF
Arizona. 1t is just as much government by
authority of Congress as il is possible for the
wit of man to devise and neither Mr.. Mckin-
ley, nor Mr.. Cleveland. nor Mr.. Harrison could
have insisted on that more And,
by the way. il seems ODD to Mr. Mckinley.
the emperor of Porto Rico" the despOt OF
the Philippines held up as a model by the
critics of "One man power" He governed the
Philippines under an act approved March -.
1901, which is almost identical in its phraseo!-
ogy with this Canal Zone act Practically the
only difference between them is that ''al mill
tary, civil and judicial powers are vested In
such person or persons and exercised in
such manner as the President Of the United
States shall direct for maintaining and protect
ing the inhabitants in the free enjoyment OF
their liberty, property and religion, for an I'M
limited time in the Philippines, and only until
the expiration of the LVIIIth Congress in the
Canal Zone.
The second point to be remarked is that this
procedure is not IAN exception TO our polit-
ical theory and practice" Whether not Mr..
Mckinley Mr. Cleveland and Mr.. Harrison
might have preferred that Congress- should ex-
ercise it's authority by establishing different
framework of government, it IS certain that
both Monroe and jefferson insisted on nothing
else. On the acquisition of Florida Congress
passed the act of March ?, 1891, providing:
That until the end OF the first session Of the
next Congress unless provision for the tempo
rary government OF said Territory is sooner MADE
by Congress. all the military, civil and judicial
powers exercised by the officers of the existing
government of said Territories shall be vested
in such person persons and shall be eXer-
cised in such manner the President OF the
inha bitants of such Territories in the free en-
Joyment Of their liberty, property and religion
Under this act President Monroe sent Andrew
Jackson to Florida commissioned with all the
powers of the despotic Spanish captain general
and intendant excepting those concerned vita
the collection of revenue and the slave trade,
for which laws were provided. This act was
modelled almost word for word that of
November 81 1903, authorizing President JEFF
ferson to take possession OF Louisiana, and
providing that all military. civil and judicial
powers for its government should be vested
in such persons and exercised in such manner
as the President should direct.
Thus it appears that the Canal Zone, instead
Of being governed contrary to precedent TO
fatter President ROosevelts supposed prefer
ence for one-man power, is being governed ex-
actly in line with the precedent of Louisiana,
Florida and the Philippines. This has been
from the beginning the regular and proper
course in dealing with distant country for
which it was impossible to make wise laws in
detail Congress in 1903 could not make a
civil or criminal code, even prescribe
system Of administration with any certainty
that it would suit conditions in New Orleans.
Neither can Congress in 1904 say what legisla-
ton is necessary TO maintain order and pre-
serve the public health at Panama. If The
Tines had to govern the Zone, what would it
do? Make q lot of rules in ignorance Of the
Spanish language and law and Of isthmian
customs and needs, delegate to some trust
worthy persons on the spot the authority to suit
the government to the situation, with view 10
protecting the liberty, property and religion OF
the inhabitants? The latter is the course taken
from the beginning by the United States in
the face OF such emergency, and it is pretty
trifiing business to try to arouse the prejudice
of the ignorant against Theodore Roosevelt az
an executive impatient of the trammels Of law
because he happens to be vested by Congress
with an authority and discretion exercised be-
fore him by William Mckinley, James Monroe
and Thomas jefferson.