Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-02-20
c INSTITUTION AND CONGRESS
Discussion Of Rights Of New Terri.
tOTiol Citizens.
Porto Rico Legislation Brings Up The Qusticn-
hlCCaii DsseniS From Opinion Of Rrpub.
llcan Colleagues Majority Report.

| Washington, Feb. S.-The reports on
the bill framed by the Ways and Means
Committee, imposing duties equivalent
to rs 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 Republicans of the committee, ex-
cept Mccall of Massachusetts, agreed
to report In support of the bill, devot-
ing considerable portion of their ar
gument to sustaining the contention
that the clause Of the Constitution de-
claring 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 this declaration.
The Democrats, together with New
lands OF Nevada, took the contrary
view. Mccall, the dissenting Repub-
lican, practically holds with them. He
made separate report, saying he can
| not support the bill because IL does
not follow the rule Of uniformity pre-
| scribed by the Constitutions rule
which. In my opinion, governs Con-
gress In legislation for the territories
or the United States" Mccall is un-
sparing In his denunciation of the
policy to which the bill will commit
the Government.
The majority report was submitted
by Chairman Payne. It says the %
per cent duty is necessary to prevent
I1pitad Sfafoa ~, 70 ,t,,n,, 80
and cigars from being at disadyan.
tage. A considerable portion of the
report Is devoted to a discussion of
the crops of Porto Rico and markets
for them, also the necessity for duties
to keep up the revenues of the island.
The report declares that the revenue
laws to be applied to Porto Rico are
absolutely within the power of Con-
gress to determine.
Meaning OF United States.
Discussing the question. is Porto
Rico included within the meaning of
the term United States in the Consti-
tution?" the report says: THAT it is
not SO included would seem apparent
from a variety of considerations. 1t
must be recollected 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 a geographical sense, all the
territory over which the United States
has jurisdiction, just MS the British
Empire means all the component parts
OF the kingdom of Great Britain. But
1t means In its political sense that cor
poration which Is the result of the
Federal Union and constitutes the
United States a nation. 1t is undoubt-
eddy in this latter sense that II Is used
in the Constitution
so far as legislation with respect to
these treaty acquired territories has
been had, 1t is to be atu .butcd 10 the
guarantees secured by the terms OF
the treaty. In the Case of territory ac-
quired with no limitation upon the
power Of Congress. is power is alb
solute and exclusive except in so far
as It is unlimited by the thirteenth
amendment to the Constitution. which
prohibits the existence OF slavery In
any place over when the United States
has Jurisdiction. In the case of Ha-
wall, express recognition was made Of
the fact that It's laws W uld remain In
ftIoe until action by Congress. No
where Is the distinction between the
United States q, subject to constitu-
tional government more strikingly IL
Illustrated than In the unbroken line of |
decisions which In terms exclude ter
ritories from one Of the main articles |
OF the Constitution"
After citing many cases In support |
Of its contention the report concludes:
"First-That upon reason and au-
thority, the term United States as |
used In the Constitution has reference |
only to the States that constitute the |
Federal Union and does not include
"Second-That the power Of Con-
gress with respect to legislation for
the territories is pienary.
"Third-That under that power Con-
gress may prescribe diffelen. rates of
duty for Porto Rico from those pre-.
scribed for the United States"
MccalI's Dissenting Report.
Representative Mccall of Massachu-
,etts, the only Republican member Of
he committee to dissent from his col
eagues on the Porto Rican bill, in his
separate report says in part:
"The pending bill is, in my judg.
nent, well-considered measure from
| fiscal standpoint and is likely to pro-
luce sufficient revenue. am unable
o give 1t my support because It does
lot follow. the rule of uniformity pre-
cribed by the CONSTITUTIONS rule
which, in my opinion, governs Con-
,ress in legislating for the territories
# the United States. do not think
I material to consider whether the
propria vigore extends
o the territory Of Porto Rico. In my
pinion the question involved is
,hether Congress, in legislatins for &
hat territory, is bound to observe
hose limitations upon Its powers