-h-:-"-:--:::::-::-: Commoner Extracts From W. -i--" -- Justice Brown would lie happier if lie had contented himself with a de cision without attempting to give any reasons for it. There are many vul nerable passages in the decision which he delivered, but there is one passage which shows t!ie uncertainty produced by the court's decision. Heretofore, the people have regarded liberty as an inalincable right, and freedom of speech and freedom of the press have been considered absolutely necessary to its defense. Those who prize liberty and regard freedom of speech as above price will not take kindly to the word perhaps.' used by Justice Brown in discussing the subject. He said: 4"To sustain tele judgment in the case under consideration it by no means be comes necessary to show that none of the articles of the constitution applies to the iland of Porto Iiico. There is a clear distinction between such prohi bitions as go to the very root of the power of congress to act at all. irre--peetivc of time or place, and such as are operative 'throughout the United Mates" or among the several states. ""Thus, when the constitution de clares that "no bill of attainder or ex post facto law shall be passed.' and that "no title of nobility shall be granted by the United States." it goes to the competency of congress to pass a bill of that description. Perhaps, the same remark may apply to the first amendment, that "congress shall make no law respecting an establishment of religion, or prohibiting the free exer cise thereof; or abridging the freedom of speech, or of the press; or the right of people to peacefully assemble, and to petition the government for a redress of grievances.' We do not wish, how ever, to te understood as expressing an opinion how far the bill of rights con tained in the first eight amendments is of general and how far of the local application." He is not willing to go at once to the full extent of his logic. He seems to have faith in congress; he does not doubt that it will deal fairly with sub ject races, and yet he shrinks from the thought of annihilating, at one blow, the whole bill of rights. He boldly declares that "there is a clear distinc tion between such prohibitions as go to the very root of the power of con gress to act at all, irrespective of time or place, and such as are operative on ly "throughout the l'nited States.' or amonjr the several states" not merely a distinction, but a ""clear distinction." And yet he becomes perplexed as soon as he liegins to draw the ""clear dis tinction."" He is quits sure that congress is entirely prohibited from passing a "bill of attainder or ex-post facto law.'" or from granting "a title of nobility." He thinks that ""perhaps the same re mark may apply" to laws prohibiting free speech, to laws abridging the freedom of the press, and limiting the right of the people t' peaceably a emble and petition or redress. Perhaps: Pf.R!" AP?!" PERHAPS:: How soon he becomes entangled in his oxz web: And this is constitutional law: Justice Brown wants it distinct ly understood that the court is not at this time "expressing an opinion how far the bill of rights contained in the first eig-ht amendments is of general and how far of local application." It will be intercstingto American patriots to learn that rights for more than a century considered inalienable are now aivicea lnxo general ngnis anu 'local" rights: that some belong to everyone, while others lielong only to some, and that the some who enjoy all lights are to decide what rights are bafe in the keeping of others. The Iioston Herald very properly says that imperialism " doe, not consist in hav ing an emperor, but in governing a country on the well established basis that all men are not free and equal." It is not the form but the essence which controls; it is not the name, emperor, that is hateful. The Herald adds: It does not matter whether the form of rule is that of the czar, or that of aa imperia"l parliament which rules over subject people in the name of a conquering anil governing nation. The government of England is just as imperialistic as the government of Kussia. The inhnbitants of Somali Coast Protectorate, an English colony, have no more political rijrnts accorded to them by the British parliament, re presenting the English people, than the czar accords to the inhabitants of the Crimea. The government of Eng land is imperial, liecause. while arrogat ing to themselves the right to do what they please, the English people control tae industrial and political existence of hundreds of millions of people, and settle these in such manner as they see lit. The government of the czar is imperialistic liecause. while arrogating to himself the right to do as he pleases, the czar dictates the political and in i'ustrial development of scores of mil J.ncs of people. Uut in each instance there is a denial of the democratic theory of government, that the people a country have a right to regulate their own affair."' The decisions of the Supreme Court in the Downes case places the inhabit ants of Porto Kico at the mercy of con press and the executive. There is not a vital right that they can clc.'m as theirs. Thev must bow before the Clear the track for conquering Unc'e Sam. Consent of the governed is a myth, taxation without representation has lie-come a vested right, and a re public may have citizens, subjects and :J.aves. When the constitution threat ifls to curtail the privileges of exploit ers and adventurers it must lie kept at home. Truly tve have "progressed" during the past three or four years. Democrat will not be slow to note that the administration organs and leaders are unanimous ia their support r ilcLanrin. wrce-part vr-trw .-.vw e t Comment, J. Bryan's Paper. American flag: they must swear al legiance to it; they must follow where it leads; their property and their lives may be demanded for its maintenance and defense, and yet what is there in that flag which represents right or hope for them? Heretofore, a territory has looked forward to the time and condition of statehood; its embarass ments have been considered tempo rary and during its period of waiting its people have been protected in the enjoyment of all the rights guaranteed to citizens by the constitution. If its delegate in congress has had no vote its people have been reasonably safe from harm because the general laws made for the territories were also oper ative in the states. Now comes a new order of things ; the nation has caught the spirit of conquest ; it has stained its hands with the blood of subject races. The people of Porto Rico are notified that they are to be with us, but not of us. They are to have neith er our government nor their own government, but such a government as we think good enough for them. We shall buy of them what we please upon our own terms; we shall make their laws for them ; we shall tax them ; we shall govern them, and if they dare to quote our declaration of independence against us we shall shoot them. "Per haps." we shall allow them freedom of religion five judges in a court of nine speaking for us. say that we are not sure about this. "-Perhaps," we may allow them freedom of speech the question is not settled;"perhaps." their newspapers may be allowed to criticize carpet-bag officials but it is not yet determined whether this is a general right to be enjoyed by the Porto Rieans or a loc.il one to be enjoyed only by the people of the L'nited States. '-Perhaps." they may be allowed to peace ably assemble this is a matter for fu ture consideration ; '"perhaps." they will be permitted to petition for re dress of grievances, we shsll see about this later. The Porto Rieans had heard of our revolutionary war; they had read our state papers; they had been inspired by our patriotic songs, and so. when Gen eral Miles landed uoon the island, the people of Porto Rico met him with music and spread flowers in his path. Theirs is a rude awakening ! While they dreamed of American lilerty the Republican leaders were calculating the trade value of eight hundred thou sand Porto Rieans. "Perhaps." Justice Brown's opinion will convince the rank and tile of the republican party that our institu tions are in danger and that the re publican party should be repudiated. If lilierty liecomea a "-perhaps" in Por to Rico tow long will it be a certainty in the l'nited States ? Somei the republican papers exceptic .s to the statement in take last week's Commoner to the effect that the decision in the Downes case made the president an emperor. Thev contend that the arbitrary and abs'lute power conferred by the court is to lie exer cised by congress, but they forgot that the president must join coigress in making laws for the nation's subjects. As the colonial system increases the President will lieeoine a more and more powerful factor in legislation. Under the late decision the president is an emperor the chief executive of an em pire. Outside of the states he is not bound by the constitution and can ex ercise whatever power he can persuade congress to grant. The gold democrats seem anxious to find a presidential candidate who is noftainte-swith the silver heresy "and insist that that was their main objec tion to the ticket nominated in 13JG and in Why do they not urge the nomina tion of Justice Harlan? Of course. Mr. Harlan is not a democrat, but that ob jection ought not to weigh with the gold democrats who voted for Mr. Mc K'inley. Mr. Harlan has not only placed himself on record against im perialism, but he also wrote a dissent ing opinion in the ineome tax case, and opposed the position taken by the su preme court in the sugar trust ease. He has a splendid record on three prominent questions, but this the very reason why the gold democrats would object to him. They prefer a demo crat who endorses republican policies to a republican who supports demo cratic policies. "We want to make the people of dis tant lands familiar with our products," says President McKinley. This is an other sample of protection logic. The protectionist says: "Give us protection ag:nst the foreigners because we can not ronipete with them: while we can not undersell the foreigner in our own mari et, we can undersell him in his own." The strange part of this logio is that so many people accept, it as correct. Violation of plain duty is perfectly constitutional. Some of the republican newspa pers suggest that democratic editors should apologize to Judge Harlan for the criticism made against the appoint ment of his son. Not at all, but the republican editors ought to condole with the president because the ap pointment of Justice Harlan's son did not have any effect on the father. The American people should bear in mind the extraordinary powers con ferred upon congress by the supreme court and be more careful in the elec tion of congressmen. way - stafJon lo'take la' fareweirlook T PLAYING TO J. BULL. PRO-BRITISH ADMINISTRATION IN SORE STRAITS. (Tanta to Sinks Toor Old Declining Britain m Partner In the Xicaraguan Caoal la Hay Guilty of Treason Try ins to "Convince' Senators, The United States Senate In the last congress refused to ratify the treaty known as the Hay-Pauncefote treaty without some very radical amendments were added. This the British government refused to accede to and our pro-British administration was in a hole. President McKinley was much disturbed by this action of the senate and used every means possible to have the treaty ratified. Secretary Hay was much cast down, poor man, and was said to be talking of resign ing. He still hangs on. however, and has been putting in what time he could spare, when not writing poetry or on junketing tours, in trying to find out from such senators as he could inter view just how much the administra tion would be allowed to concede to the Biritsh government and yet allow a new treaty to be ratified. Fortunate ly, more than one-third of the senate Is composed of Democrats, and any treaty that hints at abrogation of the Monroe doctrine or that does not give us full control of a canal that we are to build and pay for has no chance of being ratified. Englishmen are beginning to see this and prompts the London Spectator to "sincerely trust" that the British government "will handle the problem with more care and attention than hitherto, and also with more shrewd ness and common sense." It asks Eng lish statesmen "to inquire not whether we (they) have a right to stop the canal being made under the conditions on which alone congress will sanction its construction, but whether it is worth our while to stop its construc tion, and, on the other hand, whether it will not be very much to our advan tage to have the canal made. We want the whole subject approached as if the Clayton-Bulwer treaty did not exist, and decided on its merits." That would suit the American people and the president and John Hay must stand to the rack and demand the rights that the United States are en titled to. When we were less than one-tenth as powerful as we are to day we obtained our rights in the Ore gon controversy under President Polk. But Polk was a Democrat. WATERED STOCKS. One of the great evils of granting corporations franchises in nearly all the states is the lack of any provision to prevent an undue issue of stock, commonly known as "watered stock." The issuing of a vast amount of stock for which no money or value is paid, is to overreach or defraud some one, either these whom the stock is sold to, or to force the public as in the case of the railroads to pay extortionate rates, so that dividends can be paid on what is just so much paper. No state should allow any company to be in corporated that does not receive full value for all the stock or bonds issued. As the earnings of all corporations must come directly or ind'rectly from the public, they should be protected by the law from this indirect way of making them pay double tell on dou ble capitalization. The financing of the American loco motive combine furnishes a very good illustration of the way these things are done, says the Chicago Chronicle. The stock issued is 523.000.OW 7 per cent cumulative preferred and $25,000, 000 common. One share of the latter goes as a bonus with every share of the former subscribed for at $110 per share. Assuming $23,000,000 to be a fair capitalization on the basis of the earning power of the plants before consolidation, the other $25,000,000 must be regarded as what i3 assumed to be the capitalized value of the mere combination over and above the origi nal value of the property. The origi nal owners get preferred stock to the full value of their property, with 7 per cent dividends, and all they can get for their common stock to an equal amount above $10 a share Is so mucn to the good. To judge from expres sions of which the air was full not long ago multitudes really believe that the mere act of combining properties was going to increase their earning power from 20 to 100 per cent or even more. Probably it is now seen that the foun dations for such a belief were pretty fraiL THE SUPREME COURT AND PORTO RICO. To a layman the decision of the su preme court in the Porto Rican cases 13 rather wobbly and presents some rather curious anomalies. The consti tution does follow the flag and then again it does not stay with it. The Island is territory of the United States and yet the people there have no free trade with the country to which they belong. Then again they decide that vessels trading with the island are in the coastwise trade of the United States, and yet when they ship any goods by those coastwise vessels they cannot land them in any of our ports without paying a tariff duty on the came. Yet the goods they shipped here prior to the passage of the Foraker act should not have paid duty and it must be refunded to those who paid it. There is only one clear matter about the decisions that congress has the sole right to legislate a3 It pleases for those territories; otherwise. If Presi dent McKinley had himself written the decisions, they could not hare been a more complete straddle from the view "trtirbe made on August 1. Tne retailer I of an ordinary layman. No doubt the lawyers will understand the exact stat us, in time. That the court itself was not very eit&r about some of the points at issue can be seen by the remarks of one of the justices who taunts his brother judgel with reversing themselves on one of the nine cases. Justice Harlan, one of 3m four minority judges, said: "I reject altogether the theory that congress, in its discretion, can exclude the constitution from a territory which we have held to be a domestic 'terri tory of the United States' acquired, and which could only have beea ac quired in virtue of the constitution. 1 cannot agree that it is a domestic ter ritory of the United States for the pur pose of preventing the application of the Dingley tariff act imposing duties upon imports from foreign countries, but not a domestio territory and part of the United States for the purpose of enforcing the constitutional require ments that 'all duties. impost3, and ex cises' imposed by congress 'shall be uniform throughout the United States.' I do mot understand how Porto Rico can be a domestic territory of the United States, as we have distinctly held in De Lima vs. Bidwell. and yet that it is not. as is now held, embraced by the word3 'throughout the United States. The 'expanding future of our country, justifying the belief that the United States is to become what is called a 'world power" of which so much was heard at the argument does not justify any such juggling with the words of the constitution as would au thorize the courts to hold that the words 'throughout the United States.' in the taxing clause of the constitution, do not embrace a 'territory of the United States.' This is a distinction which I am unable to make, and which I do not think ought to be made when we are endeavoring to ascertain the meaning of a great instrument of gov ernment." THE HANNA BOOM. Many people think the Hanna boom for president is nothing but newspa per talk and that the republican party would not dare to nominate him. as his record in favor of subsidies and trusts would make his defeat certain. The facts are that Hanna and the corpora tions, the money power and the trusts, think they own the country and can nominate and elect whomsoever they may select. They know they own the republican party and that with the enormous power they can bring to bear the electoral vote can be manipulated to their purpose. That this program is being arranged Is quite probable, for a dispatch to the Chicago Chronicle from Philadelphia says: The boom of Senator Hanna for pres ident in 1904 is now well under way. The matter was settled when Senator Hanna visited Philadelphia recently end had a conference with Clement A. Gi iscom. president of the International Navigation company, and Senator Han na's close personal friend. At the in terview it was formally decided to make public the boom of the senator from Ohio. According to a statement given out the senator will be in the race from start to finish, and if he fails it will not be because he did not f.ght every inch of the way. Nearly every national committeeman has written a party indorsement of Hanna as the logical republican candi date and important officeholders have done likewise. The suggestion ha3 also received a most flattering response from Senator Hanna's influential ac quaintances among the business men of the north. Senator Hanna is a great deal more than a possibility and preliminary ef forts in behalf of others have bees effectually halted without committing Senator Hanna to anything. He can now await events complacently and, unless further contingencies change the present aspects of the republican situation, he will have things his own way three years hence. HAMMER AND ANVIL. The Porto Rieans had a taste of the constitution for a few months until the Foraker law came along and took it away from them again with a 15 per cent tariff. But then they still have "the flag." The supreme court decides that the constitution did follow the fiag for awhile in Porto Rico, and during that time no tariff duties could be collect ed, but congress had the right to take it away from them again, and the flag still waves there. Morgan la negotiating for another steamship line. If he succeeds in pur chasing it the $180,000,000 proposed to be paid in the Hanna ship-subsidy bill will have to be increased so that al". the subsidy hunters can get their fill. This continued purchase of foreign built ships does not promise well for the American ship builders. The democratic state convention of Ohio will be held at Columbus July 9 and 10. Charles Salem of Cleveland will be temporary chairman and N. D. Cochran of Toledo temporary secre tary. There will be a struggle for supremacy between the Tom L. John son and McLean forces, and the result will have an important bearing on the national campaign of 1904. Senator Fairbanks will be a candi date for the republican nomination for president. Harry S. New is the author ity for this statement, and, being a member of the national committee from Indiana, he is doubtless author ised to speak. The more United States senators that are candidates the bet ter for the people. They will be more careful of how they vote on ship-subsidy bills and other schemes to rob the treasury for the next three years. -cause;! trr trie conrroversv m rrrrer- RAILROADS CONTROL. PRACTICALLY DIRECT LEGISLA TION IN EVERY STATE. Vnles the People Anake and Demand Initiative and Keferendam on All Lawt Evan the Shadow of Popular UoTernment Will IJUappear. Six men control all the trunk rail roads of the country and unless un looked for disagreements arise compe tition is a thing of the past. This wonderful combination or "community of interests" as they now call it, has been formed with extraordinary rap idity and in addition to controlling the railroads they dominate what is known as Wall street. These six men also monopolize other lines of Industry, Iron, steel, tinplate. oil and anthracite coal and the accumulation of their vast wealth is being invested in other trusts and combinations. These six men are J. P. Morgan, A. J. Cassatt, W. K. Vanderbilt, James J. Hill and George J. Gould. Morgan controls the Southern rail way system, the Mobile and Ohio, the Northern Pacific, the Erie, the Phila delphia and Reading, the Jersey Cen tral, the Lehigh Valley and the Monon system. A. J. Cassatt controls the Pennsyl vania .railway, the Baltimore and Ohio, the Western New York and Pennsyl vania and owns Jointly, with the Van derbilts the Chesapeake and Ohio, and the Norfolk and Western. W. K. Vanderbilt controls the New York Central and allied lines, the Cleveland, Cincinnati, Chicago and St. Louis, the Lake Erie and Western and the Chicago and Northwestern. E. H. Harriman controls the Illi nois Central, the Union Pacific, the Southern Pacific, the Chicago and Al ton, the Kansas City Southern and the Chicago Terminal and Transfer. James J. Hill controls the Great Northern and jointly with Morgan, the Chicago, Burlington and Quincy and large interests ia the Northern Pacific and Erie. George J. Gould controls the Mis souri Pacific, the St. Louis Southwest ern, the Wabash, the International and Great Northern and the Texas Pacific. Associated with these railroad mag nates and owning large blocks of stock are William Rockefeller. Jacob H. Schiff and others whose specialties are banking and trusts. What a vast political power these men can wield, if only by their con tributions to the political party they think will best serve their interests. They are all acting with the Republi can party and their donations to the Hanna campaign funds at the last two national elections and the coercion of the large army of railroad and corpo ration employes, turned the scale in favor of the Republican party and at least in 1S9S defeated the honest ma jority of the American people. They control legislators and elect congressmen who do their bidding, there are but few counties in the United States that have not their paid attorneys at the county seat to watch their interests and manipulate caucuses and conventions of both parties or of which ever is the dominant one for the time being. They are so well served by the present administration that they hope to see it perpetuated and are willing to pay a high price to have it so. McKinley suits them well, they are paying the expenses of his trip through the country and furnish ing tb choicest foods and wines, not only for him. but for his cabinet and all the followers that make up the party. They are amply paid for thi3 large outlay, for no appointment to of fice has been made by the president that was opposed by any of these rail road magnates and none ever will be. Not that they favor a third term. Han na would suit them just a3 well, may be better, or any other man of the same stamp. These six men. therefore, control the government of the United States. Is it any wonder that many are look ing for government ownership? THE SOVEREIGNTY OF THE PRESIDENT. The supreme court decision on the Porto Rico cases has made consider able flutter on the president's train, according to the correspondent of the Washington Post, who accompanies the party on the trip. He forecasts the action of the administration to meet the new conditions in the Phil ippines brought about by the decision as follows: The president will probably issue an order applying solely to the Philip pines, imposing upon goods exported from these islands to the United States a rate of duty equal to the tariff im posed by the Dingley law upon the same articles entering the United States. This, it is believed, will close the door by a method certain to be sustained by the supreme court if a test case should be brought before that tribunal for decision. Some consideration was given to the question whether the president had the power, under the Spooner act, to im pose a duty in this country upon ar ticles Imported from the Philippines. The general opinion was that grave doubt existed as to whether he pos sessed the power, and it seemed to be accepted that the export duty plan of fered the most feasible solution. The importance cf speedy action wa3 em phasized, in view of the fact that tf the matter is left unsettled until con gress meets next December, there will be very large importations from the Philippines without the payment of duty. In addition to this it was re alized that the exporters of Chinese tea. which pays 10 cents a pound duty, and Chinese silks, which are also sub jected to a high tariff, would send their goods to the Philippines, paying the slight duty there exacted, and then have them forwarded to the United States, where they could be entered without additional cost Japanese and Oriental goods of all descriptions could also enter the United States by the rouDd-about but economical route. From this It will be seen that the triumphs of Imperialism also has its trials and tribulations and the end is not yet. FOREIGN COMPETITION. The reduction of the rate of Inter est in the United States is bringing about a great change in the Industrial conditions and is removing one of the chief props of the protective tariff. Manufacturers are nearly always large borrowers, and the high rates of in terest that prevailed until the last few years, was one of the chief reasons why they could not compete with their foreign competitors. This barrier Is now removed and the charge that we are still unable to compete with for eigners Is well answered by the Chi cago Chronicle, which says: Somebody signing himself "A Lanca shire Cotton Spinner" writes from Highland Park to a Chicago contem porary to offer proof that English cot ton mills are far behind the pale of competition from the United State3. Some twenty years ago the late James G. Blaine, when secretary of state, pre pared an official report showing that even then American mills could pro duce common cotton fabrics at less cost than English mil's could, and that the only reason why Americans needed protection in this branch of manufac ture was because their plants cost more and the rates of interest were higher in this country. Lately we have heard a great deal about the abundance and cheapness cf capital here, and our su periority in machinery, construction of plants, and so on. Then can it be true that as competitors we are relatively worse off than we were In 1SS1? True, our cotton manufacturers are still han dicapped by our tariff to a considerable extent. But they are less so than for merly because machinery costs less in spite of the tariff. If. then, we are less able to compete we must have retro graded, relatively, in skill. POLITICAL COMMENT. When congress tackles the tariff question, the Porto Rican, Cuban and Philippine tariff will give the admin istration a good many sleepless nights. Fund3 are getting 6hort in the Phil ippines and sundry expenses formerly borne by the Insular treasury are now being paid by the treasury at Wash ington. This i3 to be expected, for extravagance and high salaries are running riot there. We shall either have to be taxed to keep the Philippine government going or the natives will have to be burdened with more taxes than they can bear. This is one of the results of imperialism. The meeting of railroad commis sioners at San Francisco shows the changed conditions between the rail roads and the public that has taken place during the last twenty-five years. Since that time the supreme court of the United States has decided that con gress, in the case of interstate rail roads and the states, has the power to regulate and control them. The law is on the side of the people, but the railroads evade that by controlling the commissioners and congress. Where the railroads are charging too high rates the people are themselves to tlame. they must select congressmen and commissioners who will attend to their interests. Looting from your enemies seems to come within the Golden Rule of some of tne missionaries in China. "Now and then I branched out to loot from those who were our enemies," says Rev. Gilbert Reid. This "foreign devil" is, according to his own shoe ing, worse than the Boxers, for they at least pretended to have a patriotic purpose in expelling or killing all for eigners who had invaded their coun try and if any proportion of these for eigners were like Gilbert Reid, they certainly were fully Justified in doing so. It is one of the strange political changes wrought as a result of the new policy of expansion that an ad ministration beaded by a statesman so prominently identified with protection as was Mr. McKinley should now be organizing an effort to break down the tariff walls for the purpose of open ing new markets to American manu facturers and of building up depen dencies by opening our own markets to the products of the islands of the sea. It is a situation which Demo cratic tariff reformers are Justified In regarding with much satisfaction, since it vindicates the principles for which the Democracy battled for years. Buffalo Courier. What a 6harp revulsion of feeling has taken place in tbe public mind on the tariff question. When the Ding ley tariff bill was passed it was the boast of the Republicans that the tar iff question was settled for a genera tion and that it would be treason to change it. The business Interests of the country demanded a rest from tar iff tinkernig. Now we have leading Republicans advocating a revision and a bill introduced wiping out one of the principal schedules. It is true that Hanna says the tariff will not be med dled with, It being too scientifically constructed to stand the strain, and that reciprocity to a small extent might be necessary. But Hanna Is known to be in league with the trusts and it is opposition to the trust mo nopolies that will force tariff revision. Sugar magnate Havemeyer In nls testimony before the Industrial Com mission was forced to admit that "the tariff is the mother of the trusts."