The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-03
STATUS OF PORTO RICO
The Ways and Means Committee
Constructs the Col st tuition.
The Island Held to BE Not Included
in the Term "thc United States'--
Sovereign Powers of the Govern
ment - The Democratic Minority
Protests Against the Construction.

| Protests Against the construction
BY strict party vote the House Com
mittee on Ways and Means yesterday or
dered that the substitute for Chairman
| Payne's bill regulating customs relations
fixing the duties at % per cent OF the
Dingley act, be reported TO the House
with a recommendation that it pass.
1t also ordered the printing as docu-
ment Of the divergent views Of the mem
| bers of a subcommittee OF the meaning
| of the term the United States in that
| provision OF the Constitution which de-
clares that all duties. imports, and ex-
| cises shall be uniform throughout the
United States, VIZ, whether it includes
only the States composing the Union or
includes the territories belonging TO the
United States. The provisions of the sub
stitute are as follows:
The the provision OF this act shall ap-
ply TO the Island of Porto Rico and TO the
/ adjacent islands and waters OF the islands
lying east of 74th meridian OF longitude
west Oh 0TeeHNlCD. winch was Ceueu 10
the United States by the Government OF
Spain by treaty concluded April IL, 1899,
and the name Porto Rico as used in this
act shall be held TO include not only the
island Of that name, but all adjacent ISL
ands as aforesaid. 90
Sec. 2. That on and after the pass
age of this act the same tariffs, customs,
and duties shall be levied, collected and
paid upon all articles imported into Porto
Rico from ports other than those of the
United States, which are required by law
TO be collected upon articles imported into
the United States from foreign countries.
Sec. 3. That on and after the passage
of this act all merchandise coming into the
United States from Porto Rico and coming
into Porto Rico from the United States
shall be entered at the several ports of
entry upon payment Of IS per cent of the
duties. which are required to be levied, col
lected, and paid upon like articles OF mer-
chandise imported from foreign countries.
Provided. nevertheless, that the customs
duties collected In the United States ports
upon articles of merchandise of Porto
Rican manufacture shall not be less in
rate and amount than the internal revenue
tax which may be imposed in the United
States upon the same articles of merchan-
disc of domestic manufacture, and the Gus
toms duties collected in Porto Rican ports
upon articles of United States manufsc-
ture shall not be less than the internal rev.
enue tax which may be imposed in Porto
Rico upon the same articles of Porto Rican
manufacture
Sec. 4. That the customs duties collected
in Porto Rico in pursuance of this act,
less the cost of collecting the same and
the gross amount of all collections of GUS
toms in the United States upon articles
of merchandise coming from Porto Rico,
shall be placed at the disposal of the Presi-
dent for the purpose of paying the ex-
penses of the government Of Porto Rico
until otherwise provided by law
The majority report subscribes TO the
propositions:
"First-That the term United States in
that provision of the Constitution which
declares that all duties, imposts. and ex-
United States means and is confined TO
the States that constitute the Federal
Union, and does not cover also the terri
tory belonging to the United States
'Second-That the authorities treating |
OF this question, and decisive of it, are |
those that treat and involve in their de- |
cison the question as TO whether the Con- |
exproprio rigore, and indepen |
dent OF treaty stipulations or Congressional |
leRlsihllOH, eAttDuS 10 the terIltUTF Seueu |
TO and acquired by the United States.
"Third-That the weight Of these au-
ihorities sustains the following PROPOSE |
lions, viz:
la That the United States may acquire |
territory, either under the eaty-making I
and war power of the Constitution. or by !
virtue OF its general powers of sovereignty !
as a nation. in which are included all the |
inherent powers of sovereignty, both OF /
he United States, as an independent ma |
ton, and all the powers Of the several |
States as sovereigns.
'Cb) That the power TO govern acquired |
territory results from the right 10 acquire; |
and also from the provision of section ,, |
Article " Of the Constitution, to wit: |
Power to dispose OF and make all needful /
Jules and regulations respecting the terri |
ory and other property belonging, to the |
United States.
"(c) That Congress has power to gov |
I'm acquired territory independent of the |
limitations of the Constitution. but in |
asses where the territory has been acquired |
or the purposes of statehood, Congress !
would be subject to those fundamental lin |
tatious in favor OF personal rights which !
are formulated in the Constitution and its |
amendments; but these limitations exist |
'ather by inference and the general spirit |
lf the Constitution from which Congress |
ierives all its powers, than by any express |
ad direct application Of its provisions
Id That Congress has power to gov
I'm Porto Rico and the Philippines indie
pendent OF the limitations Of the Constitu-
SON"
Representative Richardson. the Demo-
ratio member Of the subcommittee, pre-
enied minority report 10 the effect that |
the United States includes all the terri
DRY belonging TO the United States, and !
luotes the decision Of Chief Justice Mar
hall and other decisions Of the Supreme
court that the term Included the whole
.mpire of the Republic That construction
IF the term, he says, is in perfect har-
nony with the views Of statesmen and of
he practice of the Government for mere
han 100 years, and any other construction,
le adds. would work a revolution in our
ystem of taxation. He calls attention TO
he absence from the report OF the minority
II any opinion or decision of the Supreme
,ourt to sustain the contention they make.
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PORTO RICAN LEGISLATION.
L Constitutional Question 10 lie Pre-