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About The Conservative (Nebraska City, Neb.) 1898-1902 | View Entire Issue (April 5, 1900)
Conservative of this sovereign dominion , they are represented by the government of the United States , -whom all the powers of government over that subject have been delegated , subject only to such restrictions as are expressed in the con stitution , or are necessarily implied in its terms. " Congress is not only bound by the expressed restrictions of the constitution but is also limited by those necessarily Privileges Not Dependent Upon Congress. The theory that the constitutional privileges of territories are dependent upon a specific grant of them by con gressional action is overruled by the court in the case of Springfield against Thomas , (106 ( U. S. 707 , ) in which the court held : "In our opinion the seventh amend ment secured unanimity in finding a verdict as an essential feature of a trial by jury in common law cases , and the act of congress could not impart the power to change the constitutional rule , and could not be treated as attempting to do so. " In this case the court decided that congress in legislating for territories cannot avoid constitutional limitations and negatived an act because a viola tion of these limitations. Congress has a twofold jurisdiction , first as an assembly to enact laws of a general or national character for the United States ; second as a territorial legislature to enact laws for territories , as a state legislature makes laws for a state. The state legislature is supreme in state legislation. Congress as the territorial legislature is supreme in ter ritorial legislation. As the state legis lature must act in accordance with the constitution of the state , so congress , acting as a territorial legislature , is bound by the constitution governing the states and territories of the United States. A New Departure. The present administration in holding that the limitations of the constitution do not apply to territories but that con gress may govern them without re straint , is departing from the precedents governing former territorial acquisitions. THE CONSERVATIVE feels somewhat timid in quoting Jefferson and the dicta of chief justices from Marshall to Fuller , comparatively , so little learned in the constitution , as opposed to such eminent authorities on constitutional law as Mark Hanua and Charlie Magoon , the official legal advisor of the war department. TIIEBOEKWAK. . the ' 'Lion of South Africa , " and commander-iu-chief of the Boer forces , is dead. His death was not the result of wounds received in battle , but was due to an attack of peritonitis. General Joubort was the brains of the Boer army. He first distinguished him self as a military strategist at Majtlbrt Hill where , nineteen years ago , the British army met with a crushing defeat at his hands. Sinca thntf time he has been in command of the army'of the Transvaal. It was he who planned the campaign against the British and organized the present Boer army. His death will seriously affect the waning fortunes of the Transvaalers. By his death and the capture of General Oronje , the Boers lose two of their most trusted and talented leaders. General Joubert will be succeeded by General Botha , who was in command at Spion Kop. He is popular and enjoys the confidence of the army. His victory at Spion Kop was remarkable. With but 850 he suc cessfully resisted the attack of 2,000 British. The loss on the British side was 700 killed , while Botha lost but 50 men. men.General General French with a detachment of cavalry drove the Boers from Kopjes , they occupied about 20 miles to the north of Bloemfontein. The fighting was not very severe. The British casualties were 110. Roberts is still at Bloemfouteiu. The date of his depar ture for the north is kept a secret , but will probably take place within the next few days. Action has not I-OKTOIUCO TARIFF. y6' been taken by the senate with the house tariff bill for Porto Rico. A marked difference of opinion exists among senators both as to the constitu tional questions involved and the expediency of the measure. Letters and telegrams are pouring in from all sec tions of the country warning senators of the political effect of the passage of the bill and that it will endanger republican success at the congressional elections next fall. There is a disposition on the part of the more determined friends of the bill to underestimate the force or extent of this adverse public sentiment and attribute it to only a few not well informed people and that when the pro visions of the bill are better understood there will be a reaction in its favor. Senator Hanna is one of those who takes this view of the case. It casts serious reflection upon the intelligence of some hitherto reliable and ably edited repub lican newspapers as well as some fairly well informed republican politicians among them an ex-president , usually credited with not a little political acumen. Adherence to the tariff proposition is becoming a strict party question. The republicans are lin- ComproinlHo. . . . . ing up in favor of the constitutional right of congress to levy a tariff and differ only as to the ques tion of expediency , while the democrats take the position that the constitution applies to Porto Bico and a tariff is therefore unconstitutional. A compro mise has been suggested in the senate to adopt the house bill , with an amend ment removing the duty on breadstnffs and agricultural implements and limit ing the existence'of the tariff until the local government shall * devise other ways of raising revenue. This propo sition was at first opposed ifr ttitrradical tariff mem who were affaid' ' tfr : rik another vote in the house , thhinug ! < tntf > resolutions adopted by the lowW legis > - lature and the marked and active * ypo-- sition to the bill elsewhere , espocitfVlj/- throughout the western fltates , wouldl cause the members to weaken and prevent - vent the passage of any kind' ' of a tariff' bill. In the meantime letters' of commendation - * mendation to the free trade ropMlilicau * senators have served to strengthen ftltfml in their opinions and they now s b- inclined to oppose any sort of a compro mise measure and make a straight fight for free trade. The defiant attitude of the free traders has caused the tariff senators to shift their position and favor the compromise suggested by the presi dent. The final outcome is difficult to determine , owing to the variable opinions of senators. In the meantime Porto KictJ must wait. Conditions , that President Mo- Distress In Porto Klco. KinleyBnid.soveratt Klco.months aga , were' ' worse than those existing under Spanish1 administration , must continue. Business - - ness is at a standstill. Merchants can' neither buy nor sell goods owing to the' uncertainty of the commercial regnla- ' tions. Public meetings are being held throughout the island protesting against the delay of congress. A bitter feeling toward all Americans is rapidly develop ing that will .take years of patient and kindly effort to eradicate. Governor Davis is besieged with delegations of starving people demanding either laborer or food. He reports that even the police have not been paid for two months. A sad commentary upon Uncle Sam's promptness in paying his bills. THE CONSERVATIVE wonders how long the people of Porto Rico will continue to patiently forbear and wait for the privi leges promised by General Miles. SCalltlal flt TRKATMl-NT _ . . . . . . . . Beatrice institute OF INSANE.Beatrice for the feeble minded is additional proof of the folly of conducting institutions of this char acter on political lines , making political service the basis for appointment of the officers and employees. What is true of the Beatrice hospital is true , to a more or less degree , of every other under the control of the state. Until state officials better appreciate the trust reposed in their keeping , it would be infinitely more profitable to the state for such institutions to be under private owner ship and management. It would be infinitely more humane to the inmate to be given the benefit of treatment by a medical expert , one who has made a
