Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-06-30
MUCH DEPENDS ON IT
Judicial Decision on Relation to Our
Dependencies.
TIE RIGHT TO IMPOSE TARIFF DUTIES
Alleged Violation of a Constitu.
tional Regulation.
THE TREASURY'S POSITION


The first decision of the courts on the i'm
portant question whether the customs and
navigation laws of the federal Union ex-
tend under the Constitution to the terri
tories and the dependencies is likely to be
obtained in the district court of Alaska.
The last Congress made provision-per-
haps unconsciously-in the act providing
for the government of Alaska which
Sumes that the rules of the Constitution re-
garding uniformity of excuses do not apply
in Alaska. Provision is made for licenses
to be obtained from the district court for
various OCCUPATIONS, among which is set
forth: Ships and shipping ocean and
coastwise vessels doing local business for
hire plying in Alaskan waters, 81 per ton
per annuin, on net tonnage, custom house
measurement of each vessel This pro-
vision takes Alaska out of the operation
of the privileges of the coasting trade as
applied in the states making up the fed
eral Union and even in the territories south
of the Canadian line. There is no such
license tax required for American vessels en-
gaging in the coasting trade, and this trade
is reserved exclusively for them. The ques-
ton has already been raised at the Treas
ury Department, by letter from the Pa
tiliC 1OslSt Company 10 Assist
ant Secretary Spaulding. asking to have
the provision construed to make it
applicable to those vessels only which
doing business exclusively in Alaskan
waters. 1t proba bly, will not be possible for
the Treasury Department to make any
such interpretation In view of the plain
mandate of the law, that the tax shall be
levied on ocean vessels doing local business
in Alaskan waters. 1t is not contended that
the tax applies to vessels touching at a sin
gle Alaskan port from abroad. but it is the
rule of the Pacific coast company to have
its vessels touch at several ports in Alas
ka, thereby enlisting them in local business
from port to port
Alleged aUncOnstifutionalfty.
The only way in which the treasury could
make the decision desired by the steam
ship company would be to declare the act
of Congress unconstitutional. upon the
ground that under the CONSTITUTION .'alI du-
ties, impOsts and excuses shall be uniform
throughout the Unitetl, States" 1t would
be violent assumption of power for an
executive department to thus nullify
act of Congress in the absence of any de-
cision by the courts. The issue raised is so
important. in view of its relation to the
colonial policy Of the United States. that
there is a strong desire in some quarters
that the steamship Company carry the case
to the courts and from the lower courts to
the Supreme Court. The assumption has
USUALLY been that the term United States
federahont as wellfaS over the sovereign
States which entered onto the compact Of
1888 and those which they have subsequent
w admitted through their representatives
in Congress to share the privileges of the
compact. -. .. 81 ~ -. a.
Senator .Edmunds, has expressed the opin-
ion that the laws of the United States ex-
tended to all the territories and that the
shah be Uniform throa6hour the United
STATES; would apply 70 Porto Rico and the
philippines when military government there
was brought 30 IAN eHasi2 -t--g. ,.-
|ud Rssition 1of thesi Adm n stration.
The contraryAviewsis taken by many able
lawyers, and is the view upon which the
n administrator has acted in cert ain
Ilsse nSe in fhe policy adopted in the depend
encies. The attitude of the administration
up to the present time has not been de-
cisive in the matter, since it has not been
claimed that the military officers debating
affairs in the dependencies were acting 1n-
der the mandate of the Constitutions
/ d The position of the administration In this
respect has been that which was sanctioned
by the supreme Court in the case of the
conquest of California. that pending the
ACTION of Congress in the extension of the
authority Of the United States over new
territory 1t was jnstifable to hold con-
quered SOIL under the military authority
of United States officers and subject only
10 the rules prescribed by the commander
( in-ehief and his agents. it is probable that
this view will be Sustained by Attorney
General Griggs and by the republican lead
ers in Congress.
If the contrary view should prevail, the
tariff of the United States would be ex-
tended to Porto Rico and the Philippines
the moment that Congress decreed the ter
mination of military authority there, and
free trade would prevail between these is
lands and the states of the old Union
The question: whether distinctions can be
n wei NV
between the states of the old Union and
the territories will coESe before the dis
trict court of Alaska if the Pacific Coast
Steamship Company decides to test the aues-
ton whether the discriminating tax upon
vessels doing business in Alaska is within
the constitutional power of Congress.
decision by the court that Congress had
the power to levy separate taxes in the
dependencies from those levied in the
states would settle the question in favor
of the administration policy, unless the
steamship company carried the point to a
higher court.
Would Establish Free Trade With
Spain.
A decision in favor of the steamship
company would not only upset existing ar
rangements in Porto Rico and the Philip
pines when civil government was estab-
lished but might involve the United States
in grave difficulties with Spain in respect
to the special agreement that Spanish YES
sells and Spanish goods shall have free
entry for ten years into the Philippines.
If the same policy was declared by the
courts to rule in the Philippines which
ruled in the old Union, free trade between
Spain and the United States would become
an accomplished fact. and it would only
remain for other leading powers to claim
the privileges of the most favored nation
to brush away the tariff wall and put the
United States upon the plane of the united
Kingdom in keeping her markets open to
nearly all ~the world. 1t is not probable
that the Supreme Court would have the
disposition to make, such a decision, even
If it could be sustathed by legal reasoning,
and in any case Cdngfess would doubtless
be summoned in extra session to pack the
court in favor of contrary decision, which
would enable separate laws and taxes to
prevail in the dependencies from those pre-
vailing in the federation. The fact that
the issue has thus. been distinctly raised
is an interesting one, however. and is at
eles.