The Montgomery advertiser., 1904-06-01
HARLAN IS VIGOROUS
OBSERVES FROM OPINION OF HIS
 FELLOW JUSTICES.
Ia the Supreme Court, Three Decisions Are Handed Down Involving Ad- ministration of Criminal Law
 in Philippines.

Washington, May 31.-In the United States Supreme Court opinions were handed down today in three cases in yLlving questions pertaining to admin istration of criminal law in the Phil- ippine Islands. The points raised are as to the rights of the Government to appeal criminal cases and of the &C., cused person to demand trial by jury.
 The first case was that of Kepner vs. the United States. Kepner practiced embezzlement. The court of the first ins stance acquitted him but the Supreme Court of the islands convicted him. The ease sas was & then appealed to & the United ed the ground that by the process of ap- peal he was put twice in jeopardy con trary to the Constitution of the United States. The opinion by Justice Day sus- tained this view, reversing the decis- ion of the Philippine Supreme Court Justices Brown, White and McKenna the United Stages. involving the same question was similarly rendered in fa- voI of Mendazona.
 Dorr and O'Brien in which is contained the question of the right of the de- fendant to demand a trial by jury in the Philippines in the absence of Con right. The court held that the Consti- tuition does not carry right without legislative enactment. Dorr and OBrien and the editors of a newspaper published in Manila were prosecuted for criminal libel.
 Justice Harlan delivered a vigorous dissenting opinion and said the decis- declaiming the opinion of the court to be in effect an amendment to the Con- stitution of the United States.
 In denying the right of trial by jury, demanded by Dorr and o'Brien, Justice Dav first laid down these con clusions as being establishes:
 That the constitution of the United fata iS nIy of thorizing action by any branch of the Federal government. That the gov ernment may acquire territory as sovereign nation and make all needful rules and regulations for the govern ment of the same; that this territory may be possessed and still not incor- porated in the body polite. While the territory is in this condition or thus held, Congress has the right subject to the restrictions of the constitution to make all needfui rules and regulations for its government. That the treaty of Paris, ceding the Philippines to the United States expressly stated in Arti- cle that the civil rights and political status of the islands shall be deter mined and fixed by Congress.
 We think" the opinion continued, that so far as territory Is outlying and not incorporated, Congress is not re- quired to set up trial by jury" and in this connection Justice Day observed that the President had been careful to reserve the right of trial by jury from the recommendations for legislation made. However, the opinion added there had been guaranteed to the Fili- pino the right of the accused to be heard by himself and counsel; to have n speedy and public trial; to meet his witnesses face to face and further that no person should be held to answer for 9 criminal offense without due process of law, or be put twice in jeopardy for the same offense.
 Tt cannot be successfully maintain ed" the opinion stated, that this sys- tenn does not give an adequate and efti- cient method to preserve the rights of the accused"
 The defendants ft was held in con clusion. very properly were convicted of gross libel and the judgment of the Sunreme Court of the Philippines was affirmed. .
 Tn his dissenting opinion Justice Harlan said that where the rights oI ten million people were involved ne felt constrained to dissent He did nov believe that the provision of the Fed eral constitution as to grand and peut iuries related to mere methods or procedure and were not fundamental in their nature. Tn my opinion he continued, "the guarantee for the pro lection of life. liberty and property embodied in the constitution were for the benefit of all of whatever race or nativity, either in the States compos- ing the Union or in any territory, how ever acquired, over which and for the independence of which the United States may exercise the power con- ferred upon it by the constitution.
 '"rhe constitution declares that No persons' (not no American cltizen) shall be held as for capital or other wise infamous crime, except on pre- sentiment or indictment of grand fury, and the unanimous verdict of petit jury composed of twelve per- sons. The conclusion by the court Is so obviously forbidden by the consti- tution that I cannot regard the Judg- ment of this court otherwise than as an amendment to the constitution by judicial action, when another mode of amendment is expressly provided for in that instrument.