New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-12
rEg coysTITUTIoy AND TEXAS,

THE CONSTITUTION AND TEXAS.
If ia never safe to accept a conclusion IN con-
stitutional law until you hear from 1e1as'
Mere Judges may hand down opinions ana tne
Sunrame Court of the United States may nat
for itself with the idea that it has the last WORD
when It delivers a fat But there is sun an
other sanction to be obtained, announcer authoil'S
to be heard from. Texas must De recAoheu
with It's iurisconsults must nod assent oerore
any constitutional Q. E. D. becomes aDseiuleiy
and permanently binding. In fact any one VINO
has had the privilege Of hearing the Constltu-
+ion expounded gratis by such representative
Texans as Richard Coke, John ID. reagan,
Roger O. Mills Buck" Kigore and Joseph v.
Bailey might be pardOned for regretuhg Tue
maintenance of a federal Supreme Court as
useless public extravaganza.
Tho country is safe Supreme Court or no SUI
preme Court so long as Texas continues 70
breed a constitutional lawyer at every cross
roads This blessed assurance IS mace uouDly
sure by the appearance in the House of Repre-
sentatives of a new constitutional luminary OF
tbe first order. the Hon. George F. Burgess, of
Gonzales Mr. Burgess has been member OF
the popular branch of Congress since March 4,
1901 But his candle power as constitutional
philosopher seems to have been hid under a
bushel until recently. On Tuesday last he broke
into the debate on the Philippine IarlH Dill
with an exposition OF the status of that meas
ure whose subtlety unnerved-nOt to say lab
bergasted-even so eminent a constitutional
lawyer as the Hon John Sharp Williams, the
leader of the Democratic minority. So far as
lay mind can unravel the argument OF this
latest Titan from Texas the Payne bill TO re-
duce taxes on imports from the Philippines is
an attempt to subtract zero from zero-to null
lily one nulIity by begetting another. Accord
ing to Mr.. Burgess, any tariff existing on Phil
ippine products is unconstitutional and there
fore null and void. Any attempt to repeal an
unconstitutional tariff schedule must be equally
unconstitutional and futile inasmuch as it pre-
sumes the validity of a tariff which in legal
and constitutional sense does not and cannot
exist
Bravo, said Mr. Williams in effect to this
triumph OF pure reason over material ctrcum-
stance Almost as brilliant and convincing as
1.-The speech l once heard made on this floor
.'by the Hon Joseph ". Bailey, who showed
''us that the Constitution must extend ex pro
''pria vigore over all territory acquired by the
United States. But that was several years
ago before the Supreme Court had been heard
from. Does the gentleman contend that In the
''face of the decisions of the Supreme Court the
present Philippine tariff IS null and void?"
But the Texas jurisconsult not to be
stopped by such a quibbling rejejnder. What
is little matter like Supreme Court decision
to a lawyer who is his own court of last re
sort? Mr.. Burgess went boldly and confidently
TO the heart Of Mr.. Williamss argument Does
the gentleman think" he Numbered, that the
decision Of the Supreme Court on this ques-
"tion binds the legislative conscience under it's
"oath of Officer"
Certainly not, certainly not Mr.. Burgess is
not 10 be inundated by judgments uttered in
an inferior jurisdiction. He knows that the
present tariff is a nullity and he will not vote
to reduce it or abolish it, for by so doing he
would sanction the monstrous theory that it
really exists II did not create the existing
conditions" he exclaimed referring 10 the con
ditfons which allowed Congress to lay a tariff
"and will not recognize them by tariff or other
wise"
Mr. Williams may accept the Supreme Courts
verdict as fact accomplished and try to hasten
10y legislation that condition of free trade
which. Mr.. Burgess maintains already ex-
lists. But the Texas statesman will neither
truckle TO appearances nor recognize the valid
ity of mere brute facts. 1t is a matter of no
consequence to him what taxes ARE put or kept
on Philippine products 50 long as he can prove
by unassailable logic that they are not sub
ject to taxation at all The minority in Con-
gress has found n real leader Capacity for
seeing things such he has exhibited is in
valuable in times of detection and disaster
Were there not so many Republicans in office
Mr. Burgess might succeed in persuading his
inaugurated President last March and that a
Democratic national administration is actually
now in power