I t BWPftw5 Taking Caro of Forests Congress has appropriated 300000 for the preservation of our forest lands The salaries of those to be em ployed are fixed at 3 per day with 3 additional for livery and traveling expenses Fund for Education of Boys The German Emperor has assigned the sum of 100000 marks collected by East Prussians at the bicentenary of the kingdom of Prussia as a fund for the education of boys who are no lon ger under the care of their parents rJT UUIHIHUIlCl WUlllliiwfliu Extracts from W J Bryans Paper HmJmHmIHmJ MWHKWJ MH THE PORTO RICO CASE By a vote of five to four the supreme court has declared President McKln ley emperor of Porto Rico and accord ing to the press dispatches the emperor has gladly and gratefully accepted the title and authority thus conferred upon him by the highest judicial tribunal of the land As the last issue of The Commoner was going to press Justice Brown be gan reading the opinion of the court in the De Lima case and as the decision was against the government in that case it was at first thought that the inhabitants of Porto Rico had been brought under the protection of the constitution But those who were en couraged to believe that the constitu tion had caught up with the flag were doomed to disappointment In the Downes case decided immediately af terwards a majority of the court com posed of Justices Brown Gray White Shiras and McKenna held that con gress could deal with Porto Rico and the same logic applies to the Philip pines without regard to the limita tions of the constitution Chief Jus tice Fuller and Associate Justices Har lan Peckham and Brewer dissented in strong and vigorous language but the opinion of the majority even a ma parity of one stands until it is re versed This is one of the most im portant decisions if not the most im portant ever rendered by the court it not only declares that congress is greater than the constitution which created it the creature greater than the creator but it denies tne necessity for a written constitution The posi tion taken by the court is defended or rather excused by reasoning which if followed out will destroy constitu tional liberty in the United States Every reason given by Justice Brown could be used with even more force to support a decision all limita tions placed by the constitution on congress when dealing with the citi zens of the several states If the Porto Ricans can trust the wisdom and jus tice of a congress which cey do not elect and cannot remove why do the people of the United States need a con stitution to protect them from a con gress which they do elect and can re move The decision in effect declares that the people are not the source of power it defends taxation witii mil- representation and denies that ernments derive their just powers from the consent of the governed It assails the foundations of the re public and does so on the ground of expediency The dissenting opinions bristle with precedents and burn with patriotism they ought to awaken conscientious republicans to a realization of ihe meaning of imperialism This decision like the Dred Scott decision raises a political issue which must be settled by the people The supreme court has joined with the president and congress in an attempt to change the form of our government but there yet remains an appeal to the people The election of 1900 did not decide this question for the republicans de nied that they favored imperialism but they can deny it no longer They must now admit their repudiation of the constitution as well as the Declar ation of Independence So much space is given to the ma jority and minority opinicns that ex tended comment is impossible at this time but the discussion of the subject will be continued in future issues A STATEMENT OF THE CASE The opinions delivered by the United States supreme court in the Porto Rican cases are so important not only for the present but for the future that it behooves every American citizen to thoroughly understand their purport In these opinions three separate per iods were treated and it will be well to consider them in proper order Between the time when General Miles took possession of Porto Rico and the time of the ratification of the peace treaty the military authorities established certain military tariff du ties The court sustained these duties on the broad ground of military au thority and necessity After the ratification of the peace treaty and prior to the enactment of the Foraker law fn which law the present Porto Rican tariff dutips are set forth tariff duties were levied on goods coming from Porto Rico to the United States under the terms and rates of the DIngley law On this point the court held that the Dingley law contemplated the ipwimr of ah foreign goods from foreign countries that after the ratification of the peace treaty Porto Rico became domestic territory and therefore the Dingley duties could not prevail In the Downes case the court took up that feature of the Foraker law which established tariff duties on goods coming from Porto Rico to the United States The court held these duties to be lawful on the ground that congress had full authority to make rules regulations and laws for the gov ernment of domestic territory other than states In order to fully understand these opinions it must be known that in rul ing that the Dingley tariff rates could not prevail against Porto Rico the court did not act on the theory that the constitution followed the flag dur ing any of the3e periods under con sideration This ruling was made be cause in the opinion of the court a law enacted for the purpose of levying tariff duties against a foreign country could not be applied in levying tariff duties against a country that was not foreign In other words if imme diately after the ratification of the peace treaty congress had enacted a law levying the Dingley rates special ly against Porto Rico those rates would have prevailed In the courts opinion the legality of any tariff rate between Porto Rico and the United States simply waited upon a formal act of congress establishing those rates as applying to Porto Rico The logic of this opinion as it applies to the right of congress to levy tariff customs would make it possible for congress to levy tariff duties on ar ticles coming from any territory of the United States With respect to our new possessions the decision is an unfair one because it denies to them equal trade privileges with other portions of the United States whose sovereignty has been es tablished over them and the pur pose of the constitution in providing for equal trade privileges was that no section subject to United States sov ereignty should ever become the vic tim of discrimination This principle is in line with the very foundation principles of this government which contemplated that all the people of the United States should have equal priv ileges should be exempt from discrim inations and should enjoy the immuni ties which the constitution makers conceived to be essential to the per petuity of free institutions THE ATTITUDE OF ALIENS In the opinion delivered by Justice Brown in the Downes case the su preme court went much farther than the consideration of the right to levy tariff duties Justice Brown contend ed that power to acquire territory by treaty implies not only the power to govern such territory but to prescribe on what terms the United States will receive its inhabitants and what their status shall be in what Chief Justice Marshall termed the American em pire Justice Brown then distinctly de clared that the annexation of territory did not make the inhabitants of that territory citizens of the United States He admitted however that whatever may be finally decided as to the status of these islands and their inhabitants it does not follow that in the mean time the people are in the matter of ruclic rights unprotected by the pro visions of our constitution and sub jected to the mere arbitrary control of congress Even if regarded as aliens they are entitled under the principles of the constitution to be protected in life liberty and property Here we find the supreme courts dec laration of the status of the people of these islands Although the constitu tion does not follow the flag under the principles of the constitution the people of our new possessions are en titled to be protected in life liberty and property In other words al though cut away from all former al legiance although taken away from former sovereigns and denied the right of building a sovereignty for them selves and although required to render allegiance to this country yet they are In the attitude of aliens they are to be taxed without representation and to be governed without having a voice in the government This is im perialism pure and simple DELEGATED POWERS Throughout the majority opinion de livered by Justice Brown runs the theory that the American congress may do anything not forbidden in the constitution This is one of the most repugnant features of this opinion Justice Brown seems to have searched the constitution for prohibitions rath er than for that grant of power which the American people have always con ceived to be the true office of that in strument In one place Justice Brown said If in limiting the power which congress was to exercise within the United States it was also intended to limit it with regard to such territories as the people of the United States should thereafter acquire such limita tions should have been expressed In another place he refers to a constitu tional clause as suggestive of no limi tations upon the power of congress in dealing with territories In another place he says that no construction of the constitution should be adopted which would prevent congress from considering each case upon Its merits unless the language of the instrument imperatively demands it And in his conclusion Justice Brown referring to the right or authority of congress to do what ever it sees fit to do said We decline to hold that there is anything in the constitution to forbid such ac tion The American system of government is not a complicated one Indeed its strength and success have depended in a marked degree upon its very sim plicity For years we have been taught to look in the constitution for power delegated to the United States and for powers prohibited by the constitution to the states For years we have been taught that the federal constitution was a grant of power while the state constitution was a limitation of power yet the opinion delivered by Mr Jus tice Brown encourages the notion that our federal authorities may do what ever they think necessary to be done when the same is not specifically for bidden in the federal constitution The dangers arising from such an irrational un American notion will depend entirely upon the character and disposition of men in authority A written constitution has been the safe guard of American institutions and once it shall be fully established that that constitution is a limitation rather than a grant of power this govern ment and its people are completely at Game of Pins Pong Ping pong a society amusement started in England has found its way to this side and is increasingly popu lar It is a table version of lawn ten nis with celluloid balls parchment racquets and a six inch net Driving Out British Made Goods American made boots and shots are driving British made goods out of Aus tralia and the British colonies in the East and West Indies and Africa where they have always had a mo nopoly the mercy of the men who hapftea to be in authority The mischievous character OP Justice Browns decision on this poial is indi cated In one paragraph wherein he said The states could only delegate to congress such powers as they them selves possess and as they have no power to acquire new territory they have none to delegate in that connec tion This was Justice Browns apol ogy for the absence from the constitu tion of a delegation of power to con gress to deal with newly acquired ter ritory He would then hold that con gress the creature of the constitution had greater powers than te body that created the constitution Itself In or der to avoid the well established the ory that the constitution is a grant of power we have according to Justice Browns opinion only to ascertain that the grantors of power were without authority in a certain respect in order to give to the creatures of the constitu tion whatever authority and power those creatures see fit to exercise A RADICAL CHANGE Justice Harlan discusses this point at considerable length and his words are quoted here that the reader may note the contrast between his views and those expressed by the majority of the court through Justice Brown Jus tice Harlan says I take leave to say that if the principles now announced should ever receive the sanction of a majority of this court the result will be a radical and mischievous change in our system of government We will in that event pass from the era of constitutional lib erty guarded and protected by a writ ten constitution into an era of legisla tive absolutism in respect of many rights that are dear to all peoples who love freedom In my opinion congress has no ex istence and can exercise no authority outside of the constitution Still less is it true that congress can deal with new territories just as other nations have done or may do with their new territories This nation is Hinder the control of a written constitutionwhich is the supreme law of the land and the only source of the powers which our government or any branch or officer of it may exercise at any time or at any place Monarchical and despotic governments unrestrained In their powers by written constitutions may do with newly acquired territories what this government may not do con sistently with our fundamental law The idea that this country may ac quire territory anywhere upon the earth by conquest or treaty and hold them as mere colonies or provinces is wholly inconsistent with the spirit and genius as well as with the words of the constitution The glory of our Amer ican system of government is that it was created by a written constitution which protects the people against the exercise of arbitrary unlimited power and the limits of which may not be passed by the government it created or by any branch of it or even by the people who ordained it except by amendment It will be an evil day for American liberty if the theory of a government outside of the supreme law of the land finds lodgment in our constitutional jurisprudence THE AMERICAN EMPIRE The courts decision was based upon expediency In the opinion tPwhiaa justice Harlan referred as an effort to establish two governments in this country one resting on the constitu tion for Americans the other carried on in the national capital by the same people without the constitution for a subject people Justice Brown said A false step at this time might be fatal to the development of what Chief Justice Marshall called tlie American empire It would seem that this phrase was employed by way of apology or de fense for the American empire which Justice Brown and his colleagues were seeking to erect upon the ruins ot the American constitution When the great Marshall used the term the Am erican empire he referred to an em pire of love an empire of perfect re publicanism an empire of hearts an empire in which the people reigned su preme and the congress the executive and the courts were the servants rath er than the masters of the people He referred to the American empire as expressing the perfect reign of Ameri can principles on every foot of Ameri can territory and the enjoyment of American rights privileges and im munities on every foot of soil within the American domain It was in 1820 that Chief Justice Marshall used this term The court at that time had under consideration the constitutional provision that all duties imports and excises shall be uniform throughout the United States On this point Chief Justice Marshall said Does this term the United States designate the whole or any por tion of the American empire Cer tainly this question can admit of but one answer It is the name given to our great republic which is composed of states and territories The District of Columbia or the territory west of the Missouri river is not less within the United States than Maryland or Pennsylvania and it is not less neces sary on the principles of our constitu tion that uniformity in the imposition of imposts duties and excises should be observed in the one than in the other What a difference then between the American empire of the great Marshall and the American empire of Mr Justice Brown Marshalls American empire was our great republic which is composed of states and territories The Ameri can empire of Mr Justice Brown con templates two governments in this country one resting on the constitu tion for Americans the other carried on in the national capitol by the same people without the constitution and for a subject people Bringing Fruit to Market A fleet of small schooners is being fitted out preparatory to leaving for the Bahamas to load pineapples for Philadelphia and Baltimore Every year these vessels leave for the small islands which comprise the Bahama group and return with the fruit Miss Holman a Laboratory Worker Miss Josephine Bowen Holman an Indianapolis girl who is to marry Mar coni is herself an enthusiastic labor atory worker and has devoted a greal deal of her attention in thlt line tc electricity SOOTHING SYRUP One of the extraordinary features of the supreme courts decision delivered by Justice Brown is the attempt to assure the people tha the safeguard of a written constitution can be destroyed without danger This argument is of such a remarkable character that it de serves to be pasted in every American scrap book On this point Justice Brown said Large powers must necessarily be intrusted to congress in dealing with these problems and we are bound to assume that they will be judicially ex ercised That these powers may be abused is possible But the same may be said of its powers under the consti tution as well as outside of it Human wisdom has never devised a form ci government so perfect that it may not be perverted to bad purposes It ii never conclusive to argue against the possession of certain povVers from pos sible abuses of them It is safe to say that if congress should venture upon legislation manifestly dictated by self ish interests it would receive quick re buke at the hands of the people Having been dispossessed of the ad vantages of a written constitution we have the right to hope that the men whom we elect to office will not abuse the extraordinary power conferred up on them by the United Stateo supreme court It is an amazing bit of logic for a dignified justice of the highest court in this land to contend that a fear that congress might abuse the unlimited power given it by the supreme court should be quieted by the reflection that the same may be said of its powers under the constitution as well as out sido of it Justice Brown says that human wis dom has never devised a form of gov ernment so perfect that It may not be perverted to bad purposes True indeed and because the statesmen of this country realized that fact having had it burned into tnem by the hot iron of experience they provided limita tions upon the authority and power of their public servants They never dreamed of giving unlimited authority to their public officials and when they devised this government and improved it by placing certain powers with the states when they denied certain pow ers to the states and gave federal au thorities certain powers specifically set forth in a written constitution resting the whole frame work upon a founda tion of justice liberty and equality to all men and to all sections of this country they devised the best form of government yet conceived and their handiwork was never so much endang ered as it was by the opinion delivered by Mr Justice Brown A SUBLIME REASSURANCE In his effort to further quiet those who apprehended danger by reason of the unlimited power bestowed by the supreme court on the federal authori ties Justice Brown said Grave apprehensions of danger are feit by many eminent men a fear lest an unrestrained possession of power on the part of congress may lead to unjust and oppressive legislation in which the natural rights of territories or their inhabitants may be engulfed find no justification in the action of congress in the past century nor in the conduct of the British parliament toward its outlying possessions since the American revolution iThis is sublime reassurance Those nthn fear that an unrestrained siiDij of power on the part of congress maVi lead to unjust and oppressive leg islation in which the natural rights of iraen may be engulfed have only to look at the action of congress during thepast century But if this is not sufficient Mr Jus tice Brown bids them look at the con duct Gf the British parliament toward its outlying possessions since the Am erican revolution To what a glorious field for Inspec tion this justice of the supreme court has invited the American people Under this opinion we are about to embark on Great Britains colonial policy and to reassure ourselves to quiet our conscience we have but to look at the history of Great Britain to ward its outlying possessions since the American revolution An inspiring spectacle indeed We may look at South Africa where Great Britains unrestrained posses sion of power has destroyed two promising republics and has drenched the soil with the blood of patriots we may look at India whose people have been dying by starvation for years at India where on several occa sions the bounty and generosity of the American people have been necessary in order to save human beings living under the sovereignty of Great Britain from death by starvation- We may look at Ireland whose pop ulation today is 4000000 less than it was in 1841 at Ireland whose people have been defrauded of their natural rights at Ireland whose people have been denied the highest aspirations and the purest ambitions at Ireland Wrhose people have been burdened with unjust laws with outrageous taxes with infamous decrees at Ireland whose people have fled from British sovereignty or died with broken hearts and famished bodies Wherever you go whether you find the Irishman at home or abroad you will find a hater of British sovereignty and a living wit ness to the fact that British rule over the peoples who are denied equal par ticipation in British government has been unjust to the people governed and discreditable to the governing power A Hot Literary Dinner A Georgia paper has an account of A hot literary dinner after which there was a wrestling match to decide who was the best literary man in town Mart Tompkins throwed Luke Landers five times and was afterward declared head writer and literary president Suddenly KIch and Generous George W Carroll of Beaumont Texas who has become rich through the discovery of oil in Texas has giv en 60000 to Baylor University Waco Texas to erect a science building and has promised moreeif that sum 1b in sufficient Hlgher Mathematics The story -writer who figures out that there has -been 121 generations of the human family beginning with Adam has done something that ought to discourage the most enthusiastic genealogist Boston Globe IN I COLLISION Perryboat Horthfield Goes Down With Hundreds of Pa83engers LOSS Of LIEE IS NOT YET KNOWN Jersey Central Express Boat Mauch Chunk Docs the Mischief As Crash Came Water Was Instantly Filled with Struggling Men and Women NEW YORK June 14 One of the most frightful ferry collisions in the history of this city took place at 6 oclock this evening just off the foot of Whitehall street The Nprthfield of the Staten Island ferry crowded to the guards was run into and sunk in nine minutes by the Jersey Central railroad express boat Mauch Chunk A score or more of passengers are dead but the total drowned may not be discovered for days Within three minutes after the col lision the water was filled with frantic men and women screaming for help and struggling to keep above the sur face Before the Northfield had gone more than 200 feet from its slip it be came apparent that a collision was in evitable The captains of both vessels rang furiously to their engineers to stop and back full speed astern and btoh boats whistled loudly Then the crash came A startling cry of fear as if from one voice was heard then the shrieks and shouts of the hundreds packed on the Staten Island ferry Scores of women fainted Others leap ed madly into the water The boats after an instants pause succeeding the ramming separated Through a great ragged hole torn in the berryboats side water streamed in a torrent Many of the women were hysterical and with whitened faces and tears running down their cheeks they clutched to the life savers which were tightly secured in a network of wires With but few exceptions every man aboard behaved like a hero All knew the Northfield was mortally hurt It was rolling heavily and sinking rap idly But these men some of them laborers going from their work others bankers from Wall street returning to their country houses on the island thought first of the women and chil dren Scores of men seized little ones in their arms or took charge of the two or three women nearest them and encouraged them and cheered them with assurances of safety Many of the women refused to be quieted seized life preservers and jumped Tugs and craft of every sort hearing the dying siren of the stricken boat steamed full speed toward her from the bay and from North and East rivers The Northfield was just floating a crippled hulk as the first tug boat reached it In scores of cases women climbed over the rail on the saloon deck and held their hands beseeching ly to the tug boats almost letting go their hold before the boats were with in 100 feet As fast as the pug nose of a tug boat bumped against the side of the Northfield it was black with struggling men and women grasping in terror at anything that promised a hand hold to safety In the front part of the North field a dozen men passed women and children to the nearest tugs picking them off the side guards where they clung in water to their knees and half unconscious with terror 1230 a m No bodies have yet been recovered from the Northfield The loss of life can only be estimated by reports to the police from eye wit nesses There was a full tide flowing and there is little hope of recovering any bodies tonight May Adopt Australian Plan HAVANA June 15 Senors Brava Silva Aleman Betancourt and Zayas have been appointed by the constitu tional convention a committee to draw up the electoral law It is probable that the Australian system will be adopted Illinois Keeps Up Pace NEWPORT NEWS Va June 15 The battleship Illinois arrived at the shipyard this afternoon at 5 oclock after a remarkable run down the coast during which she made an average speed of fifteen knots under natural draught American Banks Abroad WASHINGTON D C June 15 The state department has been informed by Deputy Consul General Hanauer at Frankfort Germany that steps are be ing taken for the creation of a federal bureau of technics in the empire Conger in Washington WASHINGTON June 15 Hon E H Conger United States minister to China is in Washington for the pur pose of calling on the president and Secretary Hay preparatory to his re turn to Pekin He expects to see both these officials today Mr Conger has been kept fully advised by the state department of Chinese affairs since his departure from China but desires a personal interview with tha president and Secretary Hay THE UNION PACIFIC DEAL Reported Control of St Paol Sends Up Stock of Both Roads NEW YORK June 14 The rumor was circulated in Wall street whether for stock jobbing purposes or not re mains to be seen that the Union Pa cific has got control of the St Paul by the transfer to John D Rockefeller of 25000000 worth of St Paul stock by an unnamed holder supposed to be James Henry Smith known as Si lent Smith The story was denied by SL Paul people but as it had the ef fect of sending Union Pacific up 5 2 8 points and St Paul up over 4 points both Issues were heavily dealt in According to the story Smith and his associates had in their possession 25000000 worth of St Paul stock which has for years been locked up Recently J J Hill wanted to control the road in connection with the Great Northern and learning that the Smith coterie controlled nearly a third of the capital stock which is 881520 shares or 88152000 he made overtures look ing toward the acquisition of their shar2 Smith could not be persuaded to sell and Hill took the Chicago Burlington Quincy road Then followed the fight over the Northern Pacific which re sulted in the recent panic Mr Rock efeller is now supposed to have in duced Mr Smith to sell his shares It is said that among Smiths associates were two of the St Paul directors A LOCOMOTIVE BLOWS UP r Engineer and Fireman Killed and An other Man Injured COLUMBUS Neb June 14 As a result of a boiler explosion on a Union Pacific engine two men are dead and a third fatally injured The dead ENGINEER CHARLES J FULMER Omaha FIREMAN DAVID JENKINS of Omaha Injured William Fleming head brakeman Omaha severely scalded leg broken may recover The engine was one of the large class No 1831 drawing train No 17 in charge of Conductor Wallace and Engineer Fulmer When about four miles east of Clarks the boiler explod ed without a moments warning The engine is said to be completely de stroyed One car was derailed and trafHc delayed about four hours Parts of the wrecked engine were found 100 yards- from the track The boiler which was found fifteen feet or more from the track half buried in the soft mud and its pipes and sheathing won derfully twisted has been dug up and subjected to a careful examination with a view to determining if possi ble the cause of the explosion This however is still a mystery Iiet Government Buy Corn MINNEAPOLIS June 14 A num ber ofmembers of the Farmers Alli ance listened to an address by George H Phillips of Chicago at the West hotel The address dealt principally with corn and corn corners Let the government he said tax the farmer a cent a bushel on his corn crop and with the money build ele vators in which to store 100000000 bushels of corn and pay 40 cents Chicago basis for it American Coal for France WASHINGTON June 14 Consul General Gowdy at Paris in a communi cation to the department of state ex presses the opinion that American coal can be advantageously placed in com petition with coal imported from other countries into Europe especially in view of the recent imposition of the English export tax on that product The main obstacle in this regard he says would be the high rates of ocean transportation White Bouse Sick Report WASHINGTON June 14 After the usual morning consultation of Mrs McKinleys physicians the fol lowing bulleting was issued Mr McKinley s physicians report that her condition continues to improve Former Fairfield Boy Drowns FAIFFIELD Neb June 14 A tel egram from Kansas City announces the death by drowning of Glen Prickett the youngest son of the late Hon W S Prickett He was bora and brought up here Mrs Pullman Wants Divorce CHICAGO June 14 Mrs Lyn Pullman today filed suit in the Cook county court for divorce from George M Pullman on the ground of deser tion Professional Swine Judges DES MOINES la June 14 The Association of Professional Swine Judges met here in connection with the annual meeting of the State Swine Breeders association The as sociation expressed a serious grievance against the Iowa state fair manage ment on account of the fair people having disposed of a building for 50 which had been for many years used by the judges of swine leaving them without any place for headquarters S