Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-26
Moorfield story's Opinion.

With this communication Lopez sent what
he described as "the opinion of one OF
Americas ablest lawyers prepared volun-
tarily in support of his petition. 1t turned
out to be an argument by Mr.. Moorfieid
Story the ant-imperialist leader OF Bos-
ton, who at great length attempted to DEM
onstrate: % That the act OF OCTOBER 10,
1901 prescribing an oath of allegiance for
those who had aided. abetted or melted in
surrection, is not valid because 1t was net
lawfully enacted. (2) That 1t was indirect
" repealed by a clause of another act
passed February g. 1902 CD That it was
intended to apply to foreigners only. and
that Sixto Lopez is not foreigner. "a Ii
was never lawfully ratified as 1t should
have been; and a. If ratified it is void
because 1t infringes the constitutional
rights of American citizens and a Filipino
is an American citizen. Upon these tech
nicalities Moorfield Story advises Sixto Lo-
pez not to take the oath of allegiance to
the United States, and tells him that the
collector of customs at Manila has no right
to require him to do so or to punish him II
he refuses.
The oath is as follows: ct hereby solemn
" swear that acknowledge the sovereign
ty and authority of the United States in
the Philippine Islands and of the govern
ment constituted by the United States
therein, and that while in the islands I
will support and maintain the same, and
that will not at any time hereafter or at
sny place aid, abet or incite resistance to
the authority of the United States or of
the government established by the United
States In these islands; and that I take
this oath voluntarily without any mental
reservation whatsoever. So help me Cod
Lopez Not Allowed to Land.
No reply was made to the letters of Mr..
Lopez, and no notice was taken of Mr.
Story's argument but when the former ar
rived at Manila thescustoms inspector call
ed upon him to take the above oath. He
. Indignantly refused. 10 do so, giving no rea-
sons and referring to his communication to
Gov Wright. For that reason he was not
allowed to landJ He remained upon the
steamer for several days while it lay in the
harbor dischargthg and receiving cargo,
and accompanies ifnto Hong Kong when it
departed. After his arrival there he had
the inpertinenca to- ask the Philippine gov
eminent to pay bill rendered him by the
steamship company for board while detain-
ed at Manila. He has since remained in
Hong Kong witff5the congenial spirits he
found there. and has taken an active part
in the work of theujunta. He was accom-
panied by his secnetary, denationaiized
Engiishman named Patterson, who also re-
fused to take the oath and was not per-
ritted to land at Manila.
Just what the motive of Lopez may have
been in evading the oath of allegiance is
not clear, but the general opinion is that
1t WAS a cheap. shallow trick to induce Gov
Wright to offer him Office to gratify
his own vanity, or that he intended to con-
vict the commission of inconsistency What
he expected to accomplish thereby it is
difficult to say. His subsequent behavior
and the interviews he has given to the
newspapers demonstrate Gov Wright's wis.,
dom In refusing to temporize with him. He
has given himself dead away There lis no
longer the slightest doubt Of his inslncerity
He is a natural mischief maker, and al
though a person of no Importance, might
hero If his request had been complied with
The Industrious Junta.
The junta is always at work. It Is small
but industrious It is composed Of three