The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-04
THE PORTO RICAN BILL
A Favorable Report TO Be Made on
the Foraker Measure.
The senate Committee Details the
Necessity for Immediate Action
The Objects Of the Proposed Lcgis-
lStion Summarized - Democratic
Opposition TO The Tariff Section.

The Senate Committee on Pacific Island
and Porto Rico by strict parry vote
agreed yesterday 10 report favorably tn
blu to provide civil government for III
Island of Porto Rico. which was France
by Senator Foraker and has been amended
to the satisfaction of the Republican mem
bers of the committee.
The committee made one change of i'm
portance in the bill by striking out HI
provision which permitted the appointment
OF an army officer as Governor of Port
Rico. This was done on the recommenda
tion of the Porto Rican Commission here
who stated that the island had always bee
under q military governor. and the
thought it time for a change. TheX wer
not however opposed TO General Davis
BAT wished TO guard against the appoint
nient of an army officer as his successor.
The Democratic members opposed thu
placing OF any tariff on goods carried be
tween the Uni ed States and Porto Rico
and they served notice on the majority
that they will continue their efforts to de
feat this provision when the bill is takel
up in the Senate, even II their objection
results in the defeat of the whole measure
Senator Pettigrew announced his inten
ton to oppose the passage of the bill as
q whole, and declared HIS objection TO its
principal provisions. Senator Plat Of
Connecticut served notice on the commit
tee of his intention TO offer an amendment
TO the bill in the Senate increasing the
tariff for the island TO from IS 10 80 per
cent of the Dingley rates.
The Committees Report.
The report of the committe will say that
the measure is intended to provide only a
temporary civil government for the island,
which is TO continue until the laws and
ordinances now in force there can be revised
and codifled and more permanent system
is framed by the commission provided for
by the bill. The necessity for such a com.
mission is recognized by the committee be-
cause the existing laws, the judicial sys-
ten, the codes Of procedure, and the gen.
ersl political conditions in Porto Rico differ
SO widely from those OF the United States.
The objects OF the bill are as follows:
To substitute a civil for a military gov
eminent
To accord to the native Porto Ricans as
much participation therein rs Il may he
for the best interests OF all concerned 10
give them.
To avoid, as far as possible radical
changes in the laws, courts, and codes of
procedure, and yet to make such modifce-
tons and alterations as arc necessary TO
dispense with the most objectionable fea-
lures OF Spanish government and judicial
administration.
To provide a legislative authority that
can deal with all domestic subjects of
legislation.
To extend the navigation laws of the
United States 10 the island and TO enact
such. tariff, internal revenue, and other
provisions as are necessary TO afford a rev
onue for the support of the government,
and to meet the expenses of such public
instruction and public improvements as shall
be undertaken. and for these purposes TO au-
thorize the raising of funds, TO limited
extent, by issuing municipal and iasular
bonds in anticipation of revenues.
To retire Porto Rican coins now In cir
culation End TO substitute coins of the
United States therefor.
To authorize and Regulate the granting OF
public and quasi-publie franchises.
A List of Precedents.
With regard TO the failure OF the bill to
extend the provisions of the Constitution
10 Porto Rico, the committee cites long
list Of presidents. beginning in 1898 with
the organization of the Territory of Mis-
kissippi. and showing that until 1850 Con-
gress had never by express enactment ex-
tended 1t 10 the people of any Territory.
The committee therefore holds that it is |
within the constitutional power of Con- /
sress 10 either extend or withhold the Con- |
stitution in all such cases as it may deem |
nj In md bas 1v !, he
power to levy customs duties on trade be- |
tween the United States and Porto Rico.
The committee declares, on the sutbori- |
" O. numerous weli-established prece- /
dents, that the Constitution and laws Of |
the United States do not ex proprio vigore /
extend to territory acquired 10y the United !
States, hut only do so by Congressional ac-
fion. Neither does II follow that Congress /
must treat the Philippines in the same /
manner as Porto Rico, 1t being the opinion 1
of the committee that each case stands on I
fits own merits. The power of Congress.
the committee explains, is plensry, and il 4
can act il thinks best. In ether words, /
the provisions OF the Constitution do not
operate beyond the States unless Congress
should SO enact. There is no guaranty In
the Constitution that Territory should
even have republican form Of govern
ment. or that the civil and political status
any particular character.
In further support OF this contention and
OF the proposition OF the bill TO make Porto
htcans citizens CT the United States the
report quotes the article o, the Paris Treaty
providing that the civil rights and politi-
cal status OF the native inhabitants of The
territories hereby ceded 10 the United
States shall be determined by the Con-
grcss.'
No such clause. says the report. has ever
before been found in any treaty ceding ter
ritory TO the United States But there is
NO ambiguity sbogt IL, nor could there be
any controversy RS to its effect, for the
Constitution made a treaty an instrument
of equal dignity wiki the Constitution iseif
The TarIn Question.
On the tariff question the report says
that the bin as introduced provided for
free trade between the United States and
Porto Rico. This proposition was cbjec1od
20 on various grounds. II was urged that |
II vas in violation Of The policy OF protec-
zion; that IL WAS inimical TO the interests
OF the United States with which Porto
Rican products would come in compefi-
uon: that II would be precedent that
would have to be followed in other cases
mat might hereafter arise where the COM
petition resulting might be still more in
furious TO American interests.
These were, at least, the principal OBJ
lections urged before the committee. The
carefully considered all OF them
with the result that they do not regard the
objections az well taken.
They DO not think, for instance thai
there is In the proposition any departure
from the policy of protection, because they
say that policy has always been maintained
only as between tae United States and the