New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-01
JURY TRIAL WITHHELD.
SUPREME COURT DECIDES.
Justice Harlan Calls Philippines De
cisi07 Amendment to Constitution.
IRON THE TRIBUNE BUREAU. 7

.,-e~De Court to-day by vote of . 10 sus-
-ained the contention that Congress is the sole
authority in the Philippines, and that 1T prop
erlv exercised It's power IN Withholding from the
-aore Of those Islands the right OF trial by jury
The case aseided was that Of Dorr and O'Brien,
editors Of a Manila newspaper, who were con-
v,rred Of libel after demanding a jury trial,
which was denied them.
The court also held in the case Of Thomas E
Kepner and Nendazona that person tried
and acquitted before the Court Of the First In
stance in the Philippines could not again he
nlace6 in Jeopardy before the Supreme Court
~ me islands under the old Spanish law and the
r,ilirary rule Of this government. The decisions
in The Philippine cases are regarded Of great
importance II that they determine definitely
thar the act Of Congress Of July ,. 1902. for
The government Of the Philippines. which denies
the right Of trial by jury and prohibits the
prosecution Of the same person twice for the
same offence. shall be upheld.
Justice Harlan vigorously dissented from the
opinion Of the court in the Dorr and O'Brien
case IN an emphatic and. al times, in1passioued
manner the veteran jur;st declared his convic-
ton that the Philippines we're a part Of the
United States. and that the Constitution Of the
United states necessarily extended 10 those
Islands he heId that the right Of trial by jury
was fundamental one thar should be extended
n every possession Of this government. and that
r could not be taken away by any mysterious
power Of Congress
The decision OF the court. he declared was an
amendment Of the Constitution by judicial con
S-ructiou and q dangerous step IN a dangerous
sirection. The fact that some OF the people Of
The Philippines were not sufficiently educated 70
o,nreciar= The full benefit OF the Constitution
rss no reason whv the Supreme Court Of the
r-nt4d States should say that all OF the in
babitants Of those stands including the United
States citizens resident there. should be deprived
NJ the right q a jury trial.
IN the Dorr and O'B-ien case Justice Day
frsr laid down these conclusions as being estab-
lished.
That the Constitution q the United States is
the only source Of power authorizing action by
anv branch OF the federal government; that the
government may acquire territory a SOW
ereigr nation and make all needful rules and
regulations for the government Of the same;
that this territory may be possessed and sttn
not incorporated in the body polite. While
the territory Is in this condition. thus held.
Congress has The right. subject 20 the restric-
tons Of -he Constitution. 10 make all needtul
rules and regulations for IT'S government. that
the Treaty al Paris ceding the Philippines 10
The United States expressly states IN Article
That The civil rights and political status OF the
islands shall he determined and fixed by Con-
gress.
We think" the opinion continued that so
far as territory is outlying and not Incorporated
Congress IS not required 10 set up trial by jury"
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 10 the Filipino the
right OF the accused 10 be heard by himself and
counsel 10 have a speedy and public trial, 10
meet his witnesses face 70 face, and, further,
hat no person should be held 10 answer for a
criminal offence without due process Of law. or
be put twice IN jeopardy for the same offence.
i cannot be successfully maintained" the
opinion added, that this system does not give
CT adequate and efficient method 10 preserve the
nights Ct the accused"
Z the right OF trial by jury were funda-
mental right. said the opinion, il would have
70 be established by Congress regardless Of the
needs or capacity OF the people 20 exercise that
right.
To state such proposition demonstrates the
Impossibility Of carrying il into practice with
out injury 70 the people 10 which it might be
applied. Therefore the power 10 govern terri
tory erbodying the right 70 acquire it, 10 what
ever other limitations il may be subject does
not require Congress 10 enact for ceded terri
tor, not made a part Of the United States by
Congressional action. a system Of law which
shall include the right Of trial by jury. The
OF its oWn force carry such rights"
The defendants. II was held in conclusion.
properly were convicted Of gross libel and the
judgment Of the Supreme Court Of the Philip
pines was affirmed.
JUSTICE HARLAN's DISSENT
In his dissenting opinion. Justice Harlan said
thar where the rights OF ten million people were
involved he felt constrained 10 dissent. He did
not believe that the provisions OF the federal
Constitution as 10 grand and petit juries related
10 mere methods Of procedure and were not
fundamental in their nature.
IN ny opinion he continued. the guarantee
FOR the protection Of life liberty and property
embodied ia the Constitution was for the bene-
II OF all. Of whatever race or nativity either in
me States composing the Union in any terri
lory, however acquired over which and for the
Aaependence Of which the United States may
exercise the power conferred upon il by the
Constitutior
he Constitution declares that no person
'Ao' no American citizenp shall be held 10
answer Tor capital otherwise infamous
~'iAe except on presentment or indictment Of
e'3iio jury and the unanimous verdict Of a petit
jury composed Of twelve persons The conclu-
~ ~ reached by the court is obviously for
L--sA by the Constitution that cannot regard
~ judgement II this court otherwise than
49,, -4+eI-ei-ient 10 TIE Constitution by judicial
80 W-en another mode Of amendment is ex-
P.essy provided for in that instrument"
,,73ae ming that trial by jury might be some
.es li-cony enient in the administration OF
- i'I-4l Justice in the Philippines, Justice Har-
observed. But We knew that when
h. -. mem by treaty" Such Inconvenience,
~ maintained, were OF slight moment compared
Constitution
=, me Solicitor General obtained the permission
IN Hta for in