The Irish standard., 1900-12-29
CONSTITUTION AND yHE FLAG
important Cases Now Before the Su-
preme Court.

court is to decide whether the constitu
ton follows the flag; whether Por1e
Rico and the Philippines are entitled
to the constitutional guarantees
whether the government is bound b,
the constitution in governing the isl
and possessions, and whether this isl
and empire after acquisition from
Spain is part of the United States OF
still foreign country, says the st
Paul Globe. For a week the case ha.
been exhaustively argued before the
court. Court decisions and the nation.
history have been rarsacked for prcc
edents of law and executive policy. In
asmuch as the two eases before the
court involve the question of .nationa
cording to custom is expected to trans
NIT as early and prompt decision as
it's deliberations will permit so that
within Il few months the great consti
tutional issues which for two years
have agitated the legal and political
thought of the country will in all prob
ability be settled so far as concerns
the determination of the highest jul
dicial tribunal Of the land
Two cases are before the court for
joint consideration, both involving the
application of the tariff laws; one ap-
pealing against the payment of tariff
duties on goods imported from Porto
Rico, and the other on goods imported
from the Philippines. The argument
of appellants from the rulings of the
custom house and the lower court, is
substantially as follows:
First-Congress derives all of it's
powers from the constitution, and can
not make laws for any country where
the constitution is not in force. I'm
less the constitution extends to Porto
Rico and the Philippines, congress has
no authority there.
Secondly ratification of the treaty
Porto Rico and the Philippines became
part of the United States and entitled
to the constitutional guarantees,
among which are freedom of trade and
uniform taxation throughout the Unit
cd States.
Third-Thc tariff law of 1897. as
stated in the cnacting clause, operates
only against ARTICLES imported from
foreign countries" and Porto Rico and
the Philippines, since the ratification
Of the treaty, April H. 1880, have not
been foreign countries, but part of the
territory of the United States.
Fourth Congress derives it's power
to enact tariff laws from article 1, sec
ton s, of the constitution. which pro-
vides that "all duties, imposts and ex-
cises shall be uniform throughout the
United States"
1t is now nearly fifty years since the
United States supreme court decided
the almost parallel case of California,
at that time recently acquired by con-
quest and treaty from Mexico and gov
erncd under Il territorial regime not
unlike that Of Louisiana and Porto
Rico. Tho court in that ease Gross vs..
Harrison. 16 Howard. 1866, l91-2OD tic
cidcd: First, that by the ratification
Of the treaty California became Il part
of the United States" second. the
constitution of the United States rN-
tends to California;" and third. that
California under the constitution be-
came subject to the provision. that
all duties, impostS. and excuses snail
be uniform throughout the United
States" Congressman Littlclicld in
his famous speech in congress on TIL"
Porto Ricnn bill cites five subsequent
cases where the above doctrine in
Cross VS.. Harrison has been cited by
the supreme court and approved.
1t is nearly eighty years since the
decision of Chief Justice John Mar
shall in the celebrated ease of Lough-
borough VS.. Blake Is Wheaton. $50, in
volving the same issue, and raising the
question whether the constitution and
it's uniform tax provision extended to
the District Of Columbia, which, like
Porto Rico, is n territory and not Il
state. The court. in the words Of CHIEF
Justice Marshall, held: ''rhc District
of Columbia or the territory west of
the Missouri thcn an unrXplored Wild
is not less within the United States
than Maryland or Pennsylvania, and it
is not less necessary on the principles of
our constitution that uniformity in the
imposition of imposts, duties and OK
cises shall be observed in the one than
in the other"
This case has been cited and ap-
proved by the supreme court in three
subsequent eases involving national
taxation. Moreover, furs and oil ship
ped from Alaska after the ratification
Of the Alaskan treaty, in 1867, have
been admitted by the United States
treasury department, by official in,
struction, free Of duty 1t is interest
ing to note that Judge Magoon, legal
adviser of the insular branch of the
war department, in a brief rendered in
May, 1899, gave it as his opinion that
there was no question that Porto Rico
was a part of the United States, or that
the constitution extended to it, and