New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-01-28
FREE TRADE ABANDONED
A TARIFF FOR PUERTO RICO
NOW PROPOSED.
THE ADMINISTRATION MAKES A MATERIAL
CHANGE IN ITS PI.ANsGOING SLOW
IN FRAMING A POLICY FOR
NEW POSSESSIONS.
[Br TELEGRAPH TO THE TRrBUNE.I
NEW POSSESSIONS.

been made In the Administrations plans re-
garding Puerto RICO. This West Indian ISL
and the most helpless Spanish orphan taken
under the shelter of the flag. is not to have free
trade. but simply reduced tariff on it's ex-
ports to this country This is the second about
face in the last two months. Before Congress
met, the President and his Cabinet were follow
Ing the recommendations OF the 1nsular Com
mission and preparing 10 give Puerto Rico a
civil government under the military power of
the President, -ppointng a Governor judges
and other officials, and proclaiming a code of
laws more in harmony with the laws OF
this country than are the old laws left
by Spain. The President had gone far
as to select Assistant Secretary Allen of
the Navy Department for Governor of Puerto
Rico, and to request him to be in readiness to
start for his post on short notice. Then
it was decided to wait until Congress met and
have civil government established by legis-
lative act.
The President in his Message recommended
that Puerto Rico should have free trade with
this country and complete Territorial Govern
ment He also had many conferences with Re-
publican leaders in Congress- and urged this
course in legislation. Representative Payne,
chairman Of the Committee on Ways and
Means, after conference with the President,
prepared bill extending American customs
laws to Puerto Rico and thereby giving the
people OF the island absolute free trade with
this country. There was at once a remon-
STRANGE from the extreme protectionists who
accused the President and Mr.. Payne OF going
over to the Democratic theory of free trade.
A few days ago the Administration was still
firmly in favor OF free trade with Puerto Rico,
because 1t was to be brought into the Union as
a Territory " he Fora lxar A
mnistration is said to be opposed both to the
Payne bill and the Foraker bill. Members OF
the Cabinet and Administration Senators say
that there has been another reversal Of policy
regarding Puerto Rico. 1t is the purpose
TO do nothing with Puerto Rico except have
Congress pass bill similar to that of Senator
Spooner regarding the Philippines by which
Congress asserts authority over the islands, and
then hands them back to the President for ad-
ministration. If such a bill is passed for
Puerto Rico. the President will have the author
ity Of Congress to establish civil government in
the island, appoint a Governor and judges, and
eFen create a local legislature or proclaim
code of laws.
REASONS FOR CHANGE OF POLICY.
Substantial reasons are given for this change
of policy. The question whether Puerto Rico is
part Of the United States and now under the
raised in the courts and 1t is believed TO be wise
to allow that question to be settled by the
Supreme Court before anything definite is done
in the way of legislation for the islands acquired
from Spain.
An Administration Senator who is often con-
suited on questions affecting the government of
this countrys possessions says that both
the President and a majority of the Republican
Senators have come to the conclusion that the
Government should go slow in the formation of
definite policies for the islands acquired from
Spain. They believe that 1t would be advanta-
geous to have decision from the Supreme Court
in the important questions involved before TAX
ing any legislative action II Congress should
enact the Payne bill granting free trade to
Puerto Rico it would end the contention in the
courts that Puerto Rico is part of the United
States. If the status of Puerto Rico is left as
at present by Congress the suit begun in
the courts will be carried to the Supreme Court
and decision secured on that question.
SUPREME COURT DECISION WANTED.
The weight of judicial opinion in the past has
been in favor OF the contention that Congress
cannot egislatc for any territory until that ter
ritory is part OF the United States and under
the Constitution enjoys free trade with every
other part OF the Nation. Some Senators con-
this question. and that there is nothing in the
Constitution to prohibit the holding of terri
tory without making II a part of the United
States and subject in all respects to the laws
of the United States But the best constitu-
tlonal lawyers in the Senate admit that the
opinion of Chief Justice Marshall is against
this contention. and long that opinion
remains the guide of Congress it would not be
safe for Congress to go forward and legislate
for the Philippines as territory not part OF the
United States, with its own tariff laws apply
ing to products from this country as well as
from other countries and continuing domestic
tariffs against Philippine products A new
opinion from the Supreme Court Is desired with
one of the islands acquired from Spain the
claimant for rights a part of the United
States, its citizens claiming to be citizens un-
der this Government entitled to the rights and
privileges allowed to other citizens
QUESTION NOW IN THE COURTS.
That question has been carried to the courts
by citizens of Puerto Rico and importers OF
Puerto Rican products in this country. The
Government will not be embarrassed by a de-
cision either way. If Puerto Rico remains under
the military authority of the President. 1t
would not be embarrassed by any court decision
IL the Payne and Foraker bills should become
law. but It would leave Congress In the dark
regarding the power it has to legisate for the
Philippines The general desire is to hold the
Philippines but not a part OF this country
and IL would be very embarrassing To enact such
legislation and then have the Supreme Court
overturn H. The present situation OF Puerto
Rico is deporabe for the island but it offers the
opportunity TO test the constitutional right OF
all the islands to claim to be part Of the
Tr,ttad Gtataa nd for that reaaop 2 Ia satd A..