| Show POWER OF CONGRESS TO GOVERN A recent decision by the united states circuit court of appeals at san francisco concerning the government of alaska is taken to be a judicial declaration la on the much discussed question whether this country can assume the government of colonies without violation of the letter or the spirit of the constitution the case was one concerning the sale of liquor two men were arrested tor for violating the law prohibiting such sale their defense was that congress has no constitutional right to impose upon one territory a law not intended to be binding upon other territories as well in his decision judge morrow de fined the general power of Con congress grews as regards the government of territories he said the answer to these and other like objections urged in the brief of counsel tor for defendant def enfant is found in the now well established dof doctrine trine that the territories ri of the united states are entirely subject to the legislative authority hut hority of congress they are not organized under the constitution nor subject to its ita complex cimpl ex distribution of the powers of government as the organic law but are the creation exclusively of the legislative department and subject to its supervision and control the united states having rightfully acquired the territory and being the only government which can impose laws upon them have the entire dominion and sovereignty national and mur municipal il cipal federal and state under this full and comprehensive authority congress has unquestionably the power to exclude intoxicating liquors from any or all of its territories territories or limit their sale under such regulations as it may prescribe it may legislate in accordance with the special needs of each locality and vary I 1 its regulations to meet the circumstances of the people whether the I 1 subject elsewhere would be a matter of local police regulations or within the state control under some other power it is immaterial to consider in a territory all the functions fictions fu of government are within the legislative jurisdiction of congress and may be exercised through a local government or diorec directly aly by such legislation as we have now under consideration if this view is sustained by the bu preme court it is dear clear that there can be no constitutional argument against extending the blessings of american government to any territory or race over which under the direction of providence the stars and stripes may be unfurled if congress may legislate in accordance with the special needs of each loc locality allty and vary its regulations to meet the circumstances of the people it clearly has the power to establish in lawfully acquired territory a dictatorship or an oligarchy not to imperialism as it has to provide for a popular form of government all depends upon the condition of the people in the territory to be governed this decision limits the discussion discus eion about territorial expansion to the more simple question of utility and eliminates the issues raised on constitutional i grounds the matter will be decided solely on its own merits Is it for the best interests of the republic to enter the field of colonization and establish itself in foreign waters in great britain the question is now being discussed from a european point of view and it is urged with regard to the philippines that the united states will do well in keeping the group of islands I 1 in n or order d er to save europe from trouble but even this consideration will not be the deciding one for although althous h in the family of nations the stronger ones necessarily will feel under obligation to help in maintaining peace as far as possible yet the policy must ultimately be shaped by a desire to promote the future welfare of the people here not in europe the alaska decision is one that gives the friends of the so called new departure policy much tion |
