The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-06-16

obter dictum handed
down by United States Judge Lochren,
of Minnesota commissioner of pensions
under Cleveland, the view was held
that the constitution projected itself
by it's own force over Porto Rico: that
the moment the American flag went up
over that island in obedience to the
ratified treaty of Paris Porto Rico be-
came an integral part of the United
States, subject to every restriction as
well as to every guarantee of the fed
eral constitutional contention which,
if confirmed by the Supreme court,
would overthrow the law under which
Porto Rico is now being governed as a
territory, abolish all tariffs and sur
round with appalling difficulties the
whole experiment of expansion.
We now refer to Judge Lochren's
opinion because another judge of the
United States courts, coordinate with
him in rank as well as in professional
reputation, has directly ruled just the
opposite from Judge Lochren's dictum.
In the United States circuit court sit
ting in New York, District Judge
Townsend on Thursday, in the appeal
of an importer whose imports of Porto
Rican tobacco had been pronounced
dutiable at the custom house, decided
explicitly that the treaty of Paris,
which left to congress the determine
| ton of "the civil rights and political
status" of the territory it ceded, is con-
stitutional and in full force. "The peo-
| pie of Porto Rico" says Judge Towns
end, "instead of being incorporated into
the Union by the treaty are left in statu
| quo. Nor has there been an extension
| (by congress) of our laws or institu-
| tions over the island. But at least one
of these acts, brought about by treaty
| or legislation, is necessary before an
| application of the constitution in Porto
Rico. Until then the island remains,
to use the language of the Supreme
court. part of the United States, but
still a foreign country
| Continuing, the judge, as reported in
the New York Sun. went on to say that
| "the appellants deny the authority of
| the United States under the constitu-
tion TO hold sovereignty over subject
territory which it does not make d
part of itself under the constitution.
Other nations may, they say, but we
may not, and the treaty is void so far
as it cOntemplates such a thing. No
treaty has ever been adjudged invalid
for such cause. If the contention is
valid we cannot hold the territory
| NEi of bn
burden of our uni Srm revenue and
tariff laws, and the treaty provision
for ten years free trade between the
Philippines and Spain is void; the
treaty which ceded Louisiana to us
was unconstitutional because of the
determinations provided for in that
| territory in tonnage dues to be inn
posed on French and Spanish ships
the Florida treaty was in the same
case. The natural and apparent mean
ing of the treaty of Paris is that Porto
Rico is acquired, but not Incorporated
and that the uniformity clause of the
constitution does not yet apply. The
power to acquire territory without in
cooperating it is an ordinary attribute
VI sovereignty. Inc llutpcUuSHl States
possessed it and delegated it to the
federal government, which now pos,
sesses 1t exclusively. The argument
that a government based on the con,
sent of the governed prevents us from
ruling subjects does not apply If We
admit that the inhabitants of Porte
Rico without incorporation of their ter,
ritory in the United States may have
all the civil and political rights of the
inhabitants of the territories, Perhap!
the negative provisions of our constitu
tion, which protect civil rights, do ap
ply, but If they do 1t is because we can
not violate the principles of govern
ment imbedded in our institutions; no
because Porto Rico is part OF III,
United States" Judge Townsend con
cludes;
THAT we have the power to govern
without the obligation of uniform taxa
tion may be an unfamiliar proposition