Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-08
Reports on the Ways and Means
Committee Bill.
DIVISION MADE ON PARTY LINES
Republicans, Except Mr.. Mccall,
Favor Duties on Our Projects.
DISCUSSING CONSTITUTION

The reports on the bill framed by the
ways and means committee imposing duties
equivalent to % per cent Of the American
tariff on goods imported into Porto Rico
from the United States and vice versa were
submitted to the House today. The repub-
licans of the committee, except Mr.. Mccall
(Mass), agreed to report in support Of the
bill. devoting considerable portion Of their
argument to sustaining the contention that
the clause of tho Constitution declaring
that "all duties, imposts and excuses shall
be uniform throughout the United States"
is not applicable to our new possessions,
which, they say, are not United States
territory within the meaning of that decla-
ration.
The democrats, together with Mr.. New
lands (Nev). took the contrary view. Mr..
Mccall. the dissenting republican. practi-
cally holds with them. He made a sep
arate report. saying he cannot support the
BILL because 1t does not follow the rule
Of uniformity prescribed by the Constitu-
ion-a rule which, In my opinion, governs
Congress in legislation for the territories
of the United States" Mr.. Mccall is I'M
to which the bill will commit the govern
ment.
To Protect Our Industries.
Chairman Payne. 1t says the 25 per cent
manufacturers of spirits and. cigars from
being at disadvantage. A considerable
portion of the report is devoted to a discus
sion of the crops of Porto Rico and mar
kets for them, also the necessities for Gus
toms duties to keep up the revenues of the
islard. The report declares that the rev.
enue laws to be applied to Porto Rico are
absolutely within the power of Congress to
determine. Discussing the question, 'Is
Porto Rico included within the meaning Of
the term United States in the Constitu-
uon, the report says:
Not Included in the United tSates.
That it Is not so included would seem
apparent from variety of considera tons.
1t must be recoiiected that the term United
States has more than one meaning. 1t
means. In the first place. the several states,
respectively. that constitute the federal
Union. 1t means, again, in geographical ii
81 use, all the territory over which the
United States has jurisdiction, just as the
British empire means all the component
Parts of the kingdom Of Great Britain. But
it means in It's political sense that CORPORA
ton which is the result of the federal Union
and constitutes the United States a nation.
1t is undoubtedly in this latter sense that
it is used in the Constitution
Concerning the acquisition of territory
QUESTION of Louisiana the United States
has acquired territory in number of in
stances by virtue Of the treaty-makng
power. 1t is to be observed that in each
and all of these cases. both by the terms
OF the respective treaties and by the legis-
lation of Congress with respect to the ac-
quired territory, the doctrines announced
in connection with the acquisition and gov
eminent of Louisiana have been reaffirmed.
In each and every case 1t has been
thought necessary, in order to modify the
otherwise unlimited powers of Congress,
TO make special provisions In the treaties
by which the territory was acquired.
In All but Alaskan Treaty.
I'm all of the treaties, save that relat-
ing to Alaska. provision has been made
that the territory acquired should be In
corporated into the Union as soon as posi-
BILE and that in the meantime the civil
rights of it's Inhabitants should be guaran-
teed. In the treaty with Russia whereby
Alaska was acquired no provision was
made for the Incorporation OF the territory
into the Union, but provision was made
that the inhabitants should have the i'm
munities Of citizens Of the United States
and protection In the enjoyment of their
liberty property and religion. Had not
these terms been made in the treaties. the
territory acquired would have become SUBJ
5ect to the legislation of Congress under
its power to make all needful rules and
regulations respecting 1t, which Is without
limitation. If by the mere acquisition OF
territory by the United States its govern
ment becomes subject to the limitations of
the Constitution. then clearly there was
no necessity for the insertion of limita-
tons in the respective treaties.
so far as Legislation with respect to
these treaty-acquired territories has been
had 1t Is to be attributed to the guarantees
secured by the terms of the treaty. In the
case of territory acquired with no limi.a-
t1OnS n fto
is absolute and exclusive, except In so far
as 1t is limited by the thirteenth amend
mont to the Constitution, which prohibits
the existence CT slavery in any place over
which the United States has Jurisdiction
In the case of Hawaii express recognition
was made Of the fact that its laws would
remain in force until action by Congress.
Nowhere Is the distinction between the
United States as subject to constitutional
government more strikingly illustrated than
in the unbrokan lire of decisions which, in
terms. exclude territories from one Of the
main articles Of the Constitution"
The Conclusions.
After citing many cases in support of its
contention the report concludes: First.
That upon reason and authority the term
United States as used in the Constitution
has reference only to the states that con-
stitute the federal union and does not in
clude territories.
with respect to legislation for the territories
is plenary.
Third That urder that power Congress
may prescribe different rates for duty for
Porto Rico from those prescribed for the
United States
The Minority Report.
The minority report is signed by all the
democratic members of the ways and
means committee. and Representative New.