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THE ST. LOUIS REPUBLIC.
1
IB C Loots. Oa) Cent.
i
K
1 M,
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I
NINETYTHIRD YEAR.
DE LIMA AND DOWNES CASES DISTINGUISHED
How the Two Must Be Separated in Considering the Meaning of Yesterday's United States Supreme Court Decisions.
I - ' I I I 1 .11 ...I 111
THE THEATER OF W-A..R HAS BEE31T JVCO-VEID.
GOVERNOR APPOINTS
FAIR COMMISSION
Nine Missourians .WiHP,rSpare Ex
hibit for the State tS' Louisiana
Purchase Exposition.
MISSOURI COMMISSIONERS.
N. H. qentry. Sedalla, Pettis Coun
ty. . ...
M. T. Davis, Lawrence County.
W. H. Marshall.tNew Madrid Coun
ty. J. O. Allison, Ralls County.
D. P. Stroup, Ray County.
Frank J. Moss. St. Joseph.
H. C. McDougal, Kansas City.
B. H. Bonfoey. Putnam County.
T i
U F. Parker. St. Louis.
REPUBLIC SPECIAL..
Jefferson City. Mo.. May Z7.-The M s
tourl Board of Commissioners to the Louis
iana Purchase Exposition -was appointed
to-day by Governor Dockery. The follow
ing well-known Missourians were named to
constitute the commission:
v. M. Gentry. Pettis County; M. T. Davis.
Lawrence County; w. ". aiamuiii. ') friends at home."
Madrid County: J. O. Allison. Ralls County, j CoIonel WMe Jones, who Is In command
D. P. Stroup. Ray Cou","F"M- !' of South Carolina troops, now here attend
Buchanan County; H. C. McDougal, Jaca- , the de,jcnt0n ceremonies, li also a
ton County: B. H. Bonroey, ruinam coun
ty L. F. Parker. City of St. Louis.
Of these Commissioners flvo are Demo
crats and the others arc Republicans. Two
are farmers, one a railroad man. one a man
ufacturer, three are business men and two
are lawyers.
Personnel of the Commission.
M T Davis is a banker, and also inter
ested In mining, and is an Influential busi
ness man of Southwest Missouri.
W H. Marshall l a merchant, and alo
largely Interested In farming and In the
lumber burlncs In Southeast Missouri.
To Allison is a lawyer of distinction In
Northeast Missouri, and has represented
H county In the State Legl-lature and held
XTd R'aSS'SS rarmer
of the great agricultural section of North-
WrSV Mizry -onllhlAKl
Frank J. Miw e
lanufacturers of St. Joseph.
7r n.Pv.r nf St. Louis, who represents
'.. ' . -n,no,i interests of the State, is
'the general solicitor of the St. Louis and
Run Franctsco nanroiiu.
B H Bonfoey of Central Northern Mis
h eourl U largely Interested In business opera-
"h'c McDougal of Kansas City Is an at-
1 torney! who has held various high official
pcSttoiw. and is recognlied as a cltlten of
"NV'owiWrf CtraI 8outhern M,s
mTutI was on the Board or Missouri Com
missioners to the Chicago World's Fair; 1b
SSBKPol the American Berkshire Hog
Association; a director In the American
Bhort Horn Cattle Association, and a mem
ber of the Executive Committee: Is presi
dent of the Association of Exhibitors of
IJve Stock of the United States and Can
ada; was one of the committee of eighteen
live-stock breeders chosen by the Lntted
States and Canada to look after the live
stock show at the Chicago World's Fair;
waa president for seven or eight years of
the Central Missouri Fair Association at
Sedalla, and Is one of the most progressive
live-stock breeders In the United States,
w nmwninr riM nnt nnnolnt any of the
members of the Legislature, because he was
advised by eminent lawyers that such ap-
SBlntments would be In violation of the
oostltutton.
What the Board Has to Do.
The compensation allowed the Commis
sioners Is $10 a day for services and 15 a
day for expenses. The Commissioners will
draw pay only when In the actual service
of the 8tte.
Governor Dockery has given the appoint
ment of the commission his entire time for
ten days. Nearly all of the members have
been at the Capitol for consultation and
the pun of procedure has been discussed
tntormaUr. when the site for the fair I;
chosen the Missouri Commissioners will at
one select the place of the Missouri build
ing? Plans for the building will then be de
signed and the contract let. It will be the
purpose of the Commissioners to have the
Missouri building completed as soon as pos
sible, and begin' the collection of the Mis
souri exhibit, for which 0,000,000 was appro
crlatrd by the General Assembly.
it U estimated that bo genertl appoint-
meats, such as department supenmenuenu,
soerwuoenta oTVxhlblts and otter, post-.
The Do Lima was the first to receive the attention of the court, and, as It appeared to be quite swcoplngly opposed
to the Government's contentions, many persons precipitately arrived at the conclusion that the (jovernnient had been
worsted all along the Hue. This view suffered a decided change when the conclusion wns announced In the Downes case.
The court was very evenly divided on both cases, but political lines were not at nil controlling.
The Ue Lima ca!e involved the power of the Government to call a duty on goods imported into the United States
from Porto Kii-o after the ratification of the treaty of Tarls and before the passage of the Porto Itican act. The court said
the Governments contention in this case was substantially a claim that Porto Klco i foreign territory. The entire case
turned upon that contention. The court held that the position was not well taken: that Porto Rico was not at the time
foreign territory, and that therefore the duty which had been collected must be returned.
The decision in the Downes case followed the history of the dealings of the I'nlted Stales with Porto Klco a step far
ther. That ease dealt with the legality of the exaction of duties on goods imported from I'orto Klco into Xew York after
GOV. McSWEENEY
IS A CANDIDATE.
Senators Tillman and McLnurin
"" May Not Be Alone in the
SonatorialRace.
HErUBLIC SPECIAL..
Chattanooga. Tenn., May 27. Governor
McSweehey of 8outh Carolina, In a state-
mnt here to-day, said that he had re
ceived the resignations of Senators Tillman
and McLaurln. and that so far as he now
' knows he would make no appointments to
All the vacancies to be caused when the
resignations take effect. He said that he
could not fully determine upon what course
he would pursue until he returned home and
consulted with his political friends.
The Governor Is beyond question a can
didate for the United 8tatcs Senate. He
refused to positively announce his candi
dacy, but on this subject said to a Re
public correspondent:
"I am not ready to announce my candi
dacy to-day. but will have a statement to
give out within a few days. I am being
urged to make the race, and whatever I
may do will depend upon aavice oi ray
candidate for the United States Senate.
He Ir chairman of the State Democratic
Committee. The campaign will take place
during Augut.
Governor MrHwppnev'H friends and Dartt-
sans, who compose the party now with him.
avow mat tie is a run-neagea canaiaate.
and that he will prove an Important factor
In the race. He in looked upon to take a
good share of Tillman following, according
to his friends.
The Governor has been advised by wire
to-dav to return home and look over the
situation, and answered to-night that ha
would probably return home instead of go
ing through to the MemphW reunion.
Tne canuuiacs' or uoionei jones is looked
upon to divide the McLaurln vote.
BRYAN FAVORS TILLMAN.
Says Senior Senator Reprenents
Man, Not Plutocracy.
Lincoln, Neb.. May 27. W. J. Bryan gave
cut to-day a statement on the resignations
of Senators McLaurln and Tillman, which
ha says he regards as the political event
of last week. Mr. Bryan said:
"It Is an honoraLle coutse for the Sen
ators to pursue, and beneficial to the State,
At the present South Carolina virtually hus
rA voice in the settlement of .public ques
tions, as the vote of one Senator kills th
vote of tho other. . k , . .
"Senator Tillman has Just been re-elected
and thus risks the loss of a longer term,
tut Senator McLaurln really sacrifices
more, because he has less chance to win In
thMr? BTyanadded that It was hsrdly neces
sary to say that he hoped and expected to
pee Senator Tillman win a sweeping vic
tory "because he represents the man, while
Senator McLaurln represents the dollar.
The vote will show whether the plutocratic
Idea Is making any headway In the Bouth."
Map showing the locatio of Sour
I ' M I ! Y 1 P
fa 5C UB L Mi B. V 'r i I nxPAuft. V-
tS in rp hE l i t .7 "-i. r A3.
J I xk; .,l hi i( t u I k A
'U! I '";:: on 9flT J
-HJ Es2JJM0KT jSyL
m.ha.. " ? Py?
TowfuuczsrATioH A $r
I - . M yi rir V p"
ST. LOUIS,
LEADING TOPICS
-IN-
TO-DAY'S REPUBLIC.
For Missouri Fulr Tncsriny nnd
Wednesday, except probable rtimni
In southwest portion.
For Illinois Knlr Tnrsduy and
Wednesday, except probable shorter
In extreme southern portion.
For Arkansas Fair and warmer
Taesday and Wednesday.
Page.
1. Supreme Court's Ruling in Do Lima nnd
Downes Cases.
2. The Railroads.
Cretd-Rcvlslon Question Settled.
Chicago Sustained by Supreme Court.
3. Supreme Court Decisions In Colonial
Cases.
4. Steamer Dubuque Goes to the Bottom.
Herron Abandons Marriage Ritual.
6. Early Morning Call Results In Arrest.
To Place Flowers on Lincoln's Tomb.
6. Results at the Race Tracks.
7. BaebaH'Gnmcs.
Editorial.
Fair Executive
'Named To-day.
Committee May Be
9. Bartlett Tells How He Killed Edwards.
' t
10. Republic Wnnt Advertisements.
Record of Births, Marriages, Deaths.
11. Republic Want Advertisements.
lJ. Grain and Other Markets.
13. Financial News.
11. Gooseberries and Cherries on Bale.
Gave Purse to Their Pastor.
WANT JUDGMENT SET ASIDE.
Creditors of Late Mayor Strong
After Certain Securities.
New York, May 27. Elizabeth. Jano nnd
Frank" T." Grlswold. creditors of the estate
of the lata W. I Strong, have asked tho
Supreme Court to set aside Judgments In
four suits brought against the executors,
Putnam Bradlee Strong nnd Albert Bhat
tuck. by which J200.000 worth of securities
found among the ex-Mayor's paperB wero
divided between Mary U. Strong, the wid
ow; her brother, Robert W. Aborn, and her
two sisters, Mrs. Rebecca S. Beaaley and
Mrs. Josephine W. Hojan.
It Is charged that tho suit was a "family
affair": that the executors did not defend
the suit In good faith, but connived with
the plaintiffs In procuring tho Judgments.
It la further set forth In the papers on file
that after the relatives of the ex-Mayor
had appropriated the $200,000 In securities
the sum total of the assets remaining to
meet the Grlswolds' claim of 1350.000 was
M.000.
take, Tex where the new oil strike
oeen maac.
MO., TUESDAY. MAY
ADMINISTRATION'S COLONIAL POLICY
THE IDEA !( WHOLLY IXCOVl.TES,T WITH THE SPIRIT AD GE.MIS AS WELL
WOIIUS OF THE COXSTITITIOV. Justice Harlan.
The opinions, snlmlantlallr com
plete, handed down by the Supreme J
Court In the De Lima and Ilownes ln-
nine en.. -a. Trill be found on rt'
Three.
"CALLS FOR
NO CHANGE
OF POLICY."
DY sm.lCITOn. (JEM'.UAI. ItlCIlATtDS.
Wnshlnstiin, Mny 27. The decision
of the court calls for no chnnRe of
policy. It sustains to the fullest ex
tent the no-enlled Insular policy nf
the nilmlnlatrntlpn. The (internment
nnrr linn the sanction of the Supreme
Conrt for Kntcrhlnn the Islands as
their needs and onr Interests require.
Tho Itrpuhllc Hureau.
llth St. anil IVnn"lnnla Ave.
Washington, May 27. The United States
Supreme Court to-day rendered decisions In
the long-pending, and far-reaching Porto
Rlean cipcs. The net result of the decisions
Is to sustain the-administration. In so far
as its policies since the passage of the For
aker act are concerned, nnd to reverse the
ndmlnlitratlon as to Its policies prior to the
passage of the Forakcr act.
The collection of duties upon Imports from
Porto Rico by the Treasury Department, for
the period between the plgnlng of the treaty
of Paris in April, 1899, and the passage of
the Koraker net, I? held to have been un
constitutional; and all these duties will be
refunded by the Treasury Department. The
amount Is estimated at about $3,000,000.
The court holds that the Constitution
does not. In nil cases, follow the flag, by Its
own lorcc. It distinguishes between organ
ized territory nnd the States ot the Union
for the purpose of levying Federal duties.
DECISION IX TUB
OH LIMA CASK.
Briefly stated. In the De Lima case. In
volving the collection of duties on goods
imported from Porto Rico after the slsrn
Inn nf the trrnty of peace with Spain
nnd before the nnnxnKe nf the Koraker
net. the court held that the Imposition of
duties was unconstitutional; that the island
of Porto HIco wns not then n foreign but
a domestic territory. The provisions of the
Dlngley tariff net, under which these duties
were collected, prccrlbed that the duties
should be Imposed on certain nrtlcles com
ing from a foreign country. The Dlngley
net contained no provision authorizing tho
Imposition of duties coming from n domestic
territory. The Circuit Court for New York,
which held that there duties were constitutional,-
is reversed.
Tho court wni filled to suffocation with
prominent lawyers, among them being
James Hagermnn of Missouri. ex-Senator
Llndsny of Kentucky, one of the St. Louis
World's Fair 'Commissioners; Senator
Lodge of Massachusetts, chairman of the
Insular Affairs Committee; Chairman Can
non of tho Appropriation1! Committee, At
torney General Knox, Secretary ot War
Root and many other of the foremost law
yers who practice before till" court.
Tho decision In the Supreme Court was
hy a divided bench, the opinion nf Mr,
Justice Brown, who delivered the Judgment
of the court, being concurred In by Chief
Justice Puller and Associate Justices Har
lan, Brewer and Pcckhnm; and dlscented
from by Juxtlccs McKenna, White, Gray
and Shlras.
In the case of Goetzc against tho United
States, Involving tho collection of duties
under the Forakcr act, the opinion was nl
ho written by Mr. Justice Brown. In
brief, It held that In legislating fur ter-
CHIEF JUSTICE FULLER.
rltorles newly acquired by Congress the
constitutional rule of uniformity as to all
duties on Imports, customs nnd excises ap
plies only to the States; that It Is within
the power of Congress to Impose such du
ties on newly acquired domestic territory.
This opinion was concurred In by Justice
Gray, Shlras, While and McKenna.
IIBMARKABI.B FEATURE
OF THE DECI9IOX.
a somewhat remarkable feature of the
decision was the opinion of Justice While,
" ""- ---- -. ------ -
who concurred In the judgment of the Court,
but dissented from all the reasoning of Jus
tlce Brown's opinion, reaching the same
conclusion by materially different methods.
In this esse, the dissenting opinions of Chief
Justice Fuller and Justice Harlan were de
livered with great force and earnestness.
and attracted marked attention among the
hundreds of lawyers present In the court.
Their dissenting views will be read with
Interest by lawyers everywhere, because ot
their vigorous denunciation of the doctrine
that there can be such an Inconsistency aa
the power of Congress to act outside of the
limitations oi the Constitution. Mr. Jus-
mm It y mwmmt.im y&mmmmS
lu tC Fm&&mfMWm a
28. 1901.
the passage of the Koraker act providing for a duty upon goods shipped from the Tiilted States into Porto Klco, and also
on those shipped from Porto HIco to the I'nlted States. In this cae the court held that such exaction was legal and con
stitutional. Tile point of the two opinions, considered collectively, is that Porto Itleo was never after the acquisition of that is
land foreign territory: that until Congress acted upon the question no duty could be collected, but that as soon as Con
gress outlined a method of contiolliug the island's revenues that action became binding. In other words, that Congress
has power under the Constitution to pren'ribe the manner of collecting the revenues of the country's insular possessions,
and has the right to lay a duty on goods imported into our insular possessions from the I'nlted States or exported from
them Into the United States. It holds, in brief, that for taxation pm poses tlieyare not a part of the United States to the
extent that goods shipped between their ports and the United States are entitled to the same treatment as though they
weie shipped between New York and New Orleans.
IS SUSTAINED BY SUPREME COURT.
Highest Tribunal of the Land Decides That Congress Has Plenary I'ower in Governing the Islands, Un
rest rioted by Constitutional Limitations Vote Is Five to Four, and Powerful Dissent
ing Opinions Are Voiced by Chief Justice Fuller .Hid Others Porto
liico Is a Part of the United States.
If pB ssssssl)
JUSTICE PECKHAM.
JUSTICE BnBWCn.
JUST1CK FHIP.AS.
xtWluW&U0UMWMT
JUSTICE IIAHLAX.
tlce Harlan rhnracterlzcd It as nbvurd that
there could be two governments of the
United 8tntes, one under the Constitution
and the other outside of the Constitution.
Broadly stated, the decision In the Qoetze
case supports tho contention of the admin
istration In regard to the power of Con
gress to legislate for the territories re
gardless of the limitations of the Constitu
COURT DECIDES THAT CONGRESS HAS PLENARY POWER,
UNRESTRICTED BY CONSTITUTIONAL LIMITATIONS.
HOW THE COURT STOOD.
Tho vole In the Downes cane, tho
most Important one, stood as fol
lows: Fur tlie (internment.
Justice Ilrowu (Itep.).
Justice (Iruy (Itep.).
Justice Shlras (Hep.).
Justice McKenna (Itep.).
Justice White (Uem.).
Attains! the llovrrnnieiil.
Chief Justice Puller (lleni.).
J list leu Harlan (Hep.).
Jtirtlcc Pecklium (Dent.).
Justice llrewer (Itep.).
I
nni'tiiii.ie Hi'ia'iAh.
WnshltiKlon, Mny ZT. Congress has ple
nary power In ItKlslatlhff for the territorial
possessions of the tTnltnl Htntes, unre
stricted by the Constitutional limitations
which govern It in legislating for Ilia
States. This, In a sentence. Is the meaning
of the decisions announced by tho Supreme
Court of tho United States to-day In Hie
Insular cases.
In other words, (he Canstllatlnn '
Ihr United States dues not follow III
flaa. It dors nut sjo, of Its onrn purrnr.
Into newly acquired territory, but
can only br carried Into aurh terri
tory by the action nf L'unajress.
The declulons, taken collectively, sustain
the colonial policy of the administration In
Its essential fentuns. The validity nf Hie
collection of duties Hy the military authori
ties both before ami after the ratlllcatlon
of the treaty Is sustained. Tho constitu
tionality of the Torto Itican net Iminxlng
duties on Roods Imported from I'orto Itlco
Into the United Htntes nnd on goods Im
ported from the United Stntes Into I'orto
Itlco Is sustained, and It follows thai Con
gress has power to enact u similar law im
posing duties on the commerce betwi en the
Philippines nnd the United States.
Under these decisions, however, the du
ties collected on Imports from I'orto HIco
In the Interval between the' ratification of
the treaty of peace ami the going Into ef
fect of the I'orto Hlcun law were Illegally
collected, and will have to be refunded; tlif
duties which were collected on Imports from
Hawaii between the passage of the. Ha
waiian annexation resolution and the tak
ing effect cf the Hawaiian territorial gov
ernment law. were Illegally collected, and
will have to be refunded, 'and nil the du
ties that have been collected on Imports
from the Philippines since the ratification
, j me treaty oi pea.ee, nave ucen meg""
coiiectC(j ani mufi be refunded. Until Con-
gress otherwise directs, It will be Illegal to
collect any duties whatever on Imports
from the Philippines, and In the meantime
all the products of those Islands can come
Into the United States free of duty.
Even Lawyers Coafased.
The action of the court In sustaining the
constitutionality of the Porto Itican law
and In denying the validity of the taxes col
lected on Import from Porto Rico Into tho
United States prior to the taking effect of
that law. has given rise to confusion even
In the minds of some lawyers who have not
studied the decisions careiuuy.
The reasoning by which the court arrived
QUESTIONS SETTLED BY THE COURT'S DECISIONS.
1. Congress 1ms plvunry power to legislate for the territorial possessions or
the United States.
2. Validity of the collection of custtoms taxes hy the military authorities in
1'orto HIco, tioth before and after the ratification of the treaty of peace and be
fore the taking effect of the Porto Klcan act. Is sustained.
3. Customs taxes were wrongfully collected on Imports into the United
States from Porto Itlco after the ratification of the treaty of peace and before
the taking effect of the Porto Itican act; on Imports Into the United States from
the Philippines since the ratification of the treaty of pence, and on imports from
Hawaii into the United States after the annexation and before the taking ef
fect of the Hawaiian territorial government law.
4. The validity of the duties collected both In the United States and In
Porto HIco tinder the Porto Hlcau act Is sustained, and the constitutionality of
that law is sustained.
5. All duties collected on imports from Porto Rico between the ratification
of the treaty of peace and the taking effect of the Porto Itican law. If paid
uuder protest, must be refunded by the Government.
Under these decisions territory can he held Indefinitely as colonies under
such form of government ns Congress shall see fit to prescribe. They may re
cclve complete territorial governments, such as that of New Mexico and that
which was given to Hawaii during the last session of Congress. They may re
ccive limited territorial governments, mich as that which waa conferred upon
I'orto Itlco, or their government may be put entirely In the hands of the Presl
dent, ns wns done In the case of the Philippines by the Spooner amendment to
the nrmy appropriation bill.
tion in so far as the Imposition of taxes Is
concerned, but the Court held that the great
principles of the Constitution which secure
life, liberty and prosperity to every person
within the domain of the United States are
of universal force and application, but that
Congress could be trusted not to violate
any of these great principles In dealing
with the territories.
at thesej conclusions Is rather Involved. It
was hcluf In the De Lima rnss that as soon as
the treaty of pence wan ratified Porto Itlco
passed under the sovereignty of the United
States, ceased to be foreign territory and
became territory belonging to the United
States. As the Dlnsley tariff law. under
which the duties were collected, prdvldes
only for tho collection or duties on articles
Imported from "foreign countries," the court
held that Hi duties prescribed by this law
could ontv be collected nn articles Imported
from foreign countries and not on article
from I'orto Klco. which hid ceased in oe
"foreign country" within tho meaning of
the Dlnslev act. '
It wns not held In this case that duties
on articles coining from I'orto Itlco could
not be collected without violation of the
Constitution, but simply that thtre was no
law on the statute books at 'hat lime pro
viding for the collection of such duties.
Then, when the Downs ease Involving
the constitutionality nf Ihe Porto Hlcsii aft
and the validity or the duties collected un
der It was taken up the court held In effect
that this act had supplied (he defect In the
Dlngley law hy prescribing the taxes which
should he levied on articles Imported from
I'orto Itlco.
Prrsldrnt Completely Sastalaed.
While the Immediate question Involved
In all the cases before the court were ques
tions unvoting the colli ctlon of customs du
ties, they nre not limited In their effects
to merely prescribing the methods by which
customs ran be collected on commerce be
tvveii the United States and the Insular
poi-seislons. The decisions set the seal of
constitutionality on all the acts of the Presi
dent In I'orto Itlco and the Philippines prior
io the action or conxress. ana antrm not
only the constitutionality of Ihe Porto nican
net, but ot me apoouer i-nunpine iimenu
ment as well. They establish once for all
tho absolute power of Congress to govern
the territorial potsesslons of the United
Ftates without regard to the limitations ut
tho Constitution, which apply to legislation
for the States, unless It he those provisions
tvhteh are In the form of absolute prohibi
tions upon the power of Congress, such as
the provision that "no bill of attainder or
ex post fucto law shall be passed."
SENATOR LINDSAY
INTERPRETS DECISION.
Th Republic Ilurtiu.
Hth 8t. and Pennsylvania Ate.
Washington. May 27,-Former Senator
William Lindsay of Kentucky, one of the
St Louis World's Fair Commissioners, who
is regarded as one of the foremost consti
tutional lawyers of the country, and who
was of counsel for the appellant In the
doetzo case, was present nt the Supreme
Court Monday and heard the decisions, sen
ator Lindsay said to The Republlo corre
spondent: "The Government contended and collected
revenues from Porto Rico under the Dlngley
tariff act from the ttme of the ratification
of the peace treaty up to the PMsag of
the Foraker act. Aa to those taxes Ike
dovernment lose Its east.. a majority of
.. . tinMlnv'that noon the ratification
I nt ths treatv of neace. Porto Rico ceased to
be a foreign country nJ that the Dlngley
price sr&s
Loala, Two ceata.
Tkree Cents.
AS WITH THE
JUSTICE BROWN.
PRESIDENT NOTIFIED.
Sidney. Nb., May .Z7.-The Presi
dent and the Cabinet received the of
clal Information hire that the Su
preme Court had decided the Insu
lar cases In accordance with the con
tention of the Government.
The news came In the shnpe of a
telegram from Solicitor General John
If. Richards. Naturally the Presi
dent and Cabinet officers were elated
over the victory, although they have
never doubted that the decision
would be In favor of the Govern
ment.
a
1 . s
tariff duties routd be Imposed only on good
Imported, from a foreign country,
"The majority of the court held that the
Foraker act, so far a It Imposed a duty on
goods Imported Into the United States from
Pcrto Rico, or upon goods from th United
Slates Into Porto Rico, I constitutional
and In that respect Ihe contention of the
Government I sustained.
"Th majority of the court held (hat tha
acquisition of foreign territory by treaty
doe not so far Incorporate the territory
acquired ns to render It nrt of Ihe Uni
ted States within all Ihe protection and
limitation of Hie Constitution, but ttmt nn
all questions affretlng what may be culled,
th natural Individual rights. Hi majority
nf th court held Hist Congress may legis
late st Its discretion affecting the terri
tories, and In that respect tint contention
of the (lot eminent Is sustained,
"Ho far a the concrete question of wheth
er or not th Constitution follows the flag
Is concerned, the decision of Ihe court I
not specific, but an Inference may be drawn
from the holding of the majority of tho
court that It does not necessarily do so.
"The logic of the decision to-day would
be that taxes and duties so fur collected
from exports, Imports, ate, In the Philip
pine are Illegal. Several time In tho de
rision regarding the I'orto Itlco casus it
was stated that where 'title and possession'
passed to th United States, and this may
menn that on account of the Insurrection
In (he Philippine the United Slates had
title, but not possession, and may affect tha
1'hlllpplne cases. Th court may also de
cide whether or not Congress had the right
to delegate to (he President the power giv
en him hv the Spooner bill, which was en
acted nt the last session of Congress,"
FORAKER SAYS HIS
PARTY IS VINDICATED.
11V SENATOR J. D. FOHAKKTt.
RRPIIHMC BTnciAI,.
New York, May J7. Th decision Is
complete Vindication of the position held by
the Republican party with respect to th
power of Congress to legislate for Porto
Rico and the Philippine and settles It.
"once for oil," that the United State la
the equal In sovereign power ot any other
Independent Government
The Supreme Court decides that I'orto
Rico, being a Territory of the United
States, Is not a part of the United States,
but only territory belonging to the United
States, and that It I, therefore, within th
constitutional power of Congress to so leg
islate with respect to It, Including th Im
position ot tariff duties, aa It may see nt.
and that Congress, having' so legislated on
April It IMS, the provision of that law ar
valid and to be upheld and enforced.
In other words, th effect of the decision
la that tha Constitution doe not follow th
na. and that Congress ha plenary power
units tha Constitution to govern our Insu
lar acquisitions according to their mpectWa
I neeeselUe.
Ill BBBSIvSSSKB H
JCSTICH WHITE.
JUSTICE ORAT.
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