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
