The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-08-03
IN THE SUPREME COURT.
THAT TRIBUNAL TO PASS UPON CON-
sTITUTIoyAL QUESTION.
The Right of Congress TO Direct COL
lection of Tarff on Imports From
Hawaii Presented for Determine
tion-PoIitical Contention In Court

Special Dispatch to the Post-Intelligencer.
WASHINGTON. Aug. 2--The constitu-
tionai right of congress to levy duties on
merchandise imported from the Hawaiian
islands after PRONUNCIATION of the joint
resolution 10 provide for annexing the
Hawaiian islands TO the United States,
approved July :, is9s. VIII be passed upon
by the supreme court. The protest of inn
porters has been overruled by the board OF
general appraisers of the treasury depart
ment. in order that the matter may come
before the highest tribunal as quickly as
possible. The joint resolution above re-
ferred to declared that
Until legislation shall be enacted
by the United States. prescribing
customs laws and regulations for the
Hawaiian islands, the existing customs
relations of the Hawaiian islands with the
United States and other countries shall
remain unchanged"
The goods In question. which were i'm
ported from Honolulu, consist of whisky.
brandy and Jam. These articles were as
sessed for duty under the Dinghy tariff
act No question is made as to the cor
rectness of the collectors classification.
IL being conceded that il articles were du-
liable at all. under said act, the proper
duties were assessed. The contention OF
the importers is that. at the time of the
shipment and entry of the goods, the
Hawaiian islands constituted part of
the United States. and, that for this rea-
son. they were not subject to duty under
the Dingiey act, but entitled to free en-
try. and the right of congress to levy these
duties Is denied In overriding the pro-
test of the importers the appraisers for
mulate the antagonists contentious in
voived as follows:
Contention OF the Government.
1T is contended on the part OF the gov
eminent that the federal constitution does
not extend, with all its limitations. 10
newly acquired territory not vet admitted
as state: that the power OF congress
over territory Is general and plenary to
make rules and regulations for their gov
ernment, subject only to fundamental
limitations in favor OF personal rights.
which are formulated in the constitution
ana in Its amendments, II being contended
and from the general spirit of that in
strument, rather than by any express and
direct application OF IT'S provisions.
"A further contention OF the govern
ment Is that. until congress by special
legislation. extends the tarifr and other
revenue laws over newly acquired terri
tory and establishes therein collection dis
for vessels. such territory remains foreign
country for tariff purposes and It's PORTS
are not domestic ports within the meaning
of the laws Of congress.
Claim of the Importers.
'Ihe importers, on the other hand, con-
tend that congress is the creature OF the
federal constitution; that II necessarily
derives all its Just powers from the pro-
visions OF that instrument and that, while
in legislation for territories, IL may prop
erly exercise the combined powers of gen.
eral and Of state government. neverthe-
less the federal government is one Of del
egated powers and all OF its legislative
authority must be exercised In subordina-
tion TO the principles and subject to the
limitations OF the constitution.
''On these issues the decisions OF courts
and opinions OF turtsts are apparently. in
a state OF conflict. II not OF inextricable
confusion. The question of the constitu-
tioDal powers OF congress over newly ac-
quired territory Is conceded 10 be enc
Of great moment. in the solution OF which
vast consequences are involved. in view
Of the present status OF large territory
recently ceded by Spain TO this country
Political parties have divided on this is
sue and question purely constitutional
thus becomes political in It's nature and
consequences II must finally be settled
by authoritative decision at the hands of
I'll. highest judicial authority In the land
the supreme court OF the United States.
the final arhiter OF all such disputed tu-
dicfai questions"