Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-01
Two Philippine Decisions.
From the New York Tribune.

FROM the New York Tribune.
The decisions handed down by the ST.
Preme Court yesterday on questions of
curious contradiction. The full opinions
showing how the results were reached will
De awaited with interest, for the Justices
VINO might seem to be on both sides of the
constitutional question as Justice Brown
was by ignorant critics said to be in the
original insular cases, doubtless have a
consistent theory of the general principles
or feel bound by technical issues In their
decision. One case involves the operation
In the Philippines of the constitutional pro-
hibition of the fifth amendment against a
persons being twice put In jeopardy for the
same Offense. The other involves the OPERA
ton there of the sixth amendment giving
the right of trial by jury in all criminal
prosecutions. In the first case an appeal
by the government from an acquittaI In
lower court. as permitted by Philippine law
handed down from the time of Spanish
domination. is disallowed. In the other it
is held that a defendant in criminal case
is not entitled to trial by jury In the alb
sence of congressional action establishing
the right in the Philippines
In the appeal case all the justices who
were sitting in the original insular cases
stand by the convictions then announced
The chief justice and Justices Harlan
Brewer and Peckham hold that the consti-
tutional guarantee operates in favor of the
Filipinos, while Justices Brown, White and
Mckenna hold that it does not extend to
the islands and that the old procedure is
proper. With them stands Justice Day, the
successor of Justice Shras, who was also
on that side. The balance of power Is held
by Justice Holmes, the successor of Justice
Gray one of the majority in holding that
the Constitution did not extend ex proprio
yfgOre to the Islands. Justice Holmes, how
ever, is found with the former minority,
converting it on this particular question
into a majority.
Justices Brown. White McKenna and
Day still firm for the plenary power Of
the government on the question of jury
trial and Justice Harlan is firm as ever
in holding that the Filipinos are entitled to
jury trial as well the other guarantees
of the Constitution For the other justices.
however there is a new alignment. Justices
Holmes, Brewer, Peckham and Chief JUS
tice Fuller. after holding that a man cannot
be put twice i'll jeopardy. curiously enough
decide that he is not entitled to the jury
trial established by the same Constitution.
Justice Holmes appears to have adopted
the view of the so-called 'imperialist
judges" on the question, while the chief JUS
tice and Justices Brewer and Peckham con-
cur in their result for different reasons.
The dispatches do not explain how Justice
Holmes reconciieS the extension of one and
the denial of the other constitutional right
| to the F'ilipinos. Perhaps it is on the theory
of Justice Brown in the inSular cases, that
while the Constitution in its specific pro-
visions does not extend to the Philippines,
yet the inhabitants are not without the
fundamental guarantees OF CIVIL liberty,
which back OF all constitutions, are the
tutionaI jury trial is method of procedure
adapted only to particular conditions of
society. 1t did not prevail at first in Louis
lana, and it's denial in Hawaii was upheld
by the Supreme Court. On the other hand
1t may be argued. freedom from liability to
arrest and rearrest on old and once dis
missed charges. which might easily follow
any concession of government right of APP
peal against acquittals, is so absolutely
sential to security of persons that 1t will be
upheld on general principles 1t is. perhaps,
more surprising to find three of the anti
imperialist judges" leaving the Filipinos
without jury trial even for independent rea-
sons of their own. What those reasons are
is not stated. They might well. however,
have found as they did on the doctrine of
stare decisis The Hawaiian case had set
tied the point, and the argument that the
constitutional provision operative in
Honolulu was much stronger than any that
could be made for jury trial In Manila, for
the act of Congress organizing the territory
gave some color to the theory that the local
government operated strictly subject to the
federal bill of rights.