New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-15
MAY IMPOSE A TARIFF
GENERAL APPRAISERS DECLARE PUERTO
RICO NOT A PART OF THE
UNITED STATES

The Board OF Classification OF the United
States General Appraisers yesterday announced
a decision in the noted Puerto Rico tariff case.
in which ex-secretary Carlisle and other well
known counsel were engaged. This is the case
in which MosIe Brothers and John H GOetze &
Co. were the protestants They asserted that
Puerto Rico Is already a part OF the United
States, and that no duties can be levied on goods
from the island. The Board unanimously over
rules their claim SO far as it relates TO goods
imported while the military occupation lasts.
The Board does not pass on the question as TO
whether duties can be levied after Congress has
provided form Of government for the islands.
as is contemplated in a bill pending in the
Senate,
The opinion OF the Board is written by Gen
eral Appraiser Henderson NJ SOmervile, who
for many years a member OF the Alabama
Supreme Court. An abstract Of Judge Somer-
ville's opinion is follows
The Board of General Appraisers sitting as
a Board Of Classification, viii take judicial cog
nizanCe Of all laws, executive proClamatlons and
public documents, showing the polItlcal ana rs
cal relations Of this country to the kingdom OF
Spain and to the island of Puerto Rico 800
The Treaty of Paris, made December 10, 1855
by which Puerto Rico was ceded Dy Spain 10
the United States go Stat, lob, became the
supreme law or the land within the meaning
OF Article VI Section 2 Of the United States
Constitution, as an act OF Congress Is, only so
far as not being merely executoTy, II prescribes
a rule by which the rights of the private citizen
subject may be determined and enforced IN
a court Of Justice In other respects il addresses
itself TO the political and not TO the judicial de-
partment Of the Government.
The cessiOn Of Puerto Rico 10 the United
States did not ipso facto bring that island with
in the operation OF the general tarIn laws OF TINS
country without special Congressional leglsla-
tion on the subject
capacity as Commander in Chief OF the United
States Army fully authorized to estab-
lish a military government and a tariff in
"a
by conquest the title being only confirmed and
r,erfactad nv rbA terms Of the subsequent cession
and Treaty OF Peace.
The only mode by which this provisional milf
taTy government and its existing war tariff can
be superseded or terminated is BY affirmative
legislation the part Of Congress.
Until Congress, by special legislation, extends
the general or other tarin laws over such newly
acquired territory and establishes therein cOIlSc-
tion districts with ports of entry and clearance
for vessels. the island. for tariff purposes, re-
mains foreign country" and It's ports are not
domestic ports. however the island may be
viewed in its internatio relations
Whether Congress, under the constitutional
power To regulate commerce, or TO make all
Reedful rules and regulations respecting the ter
TitOTy or other property belonging 20 the United
States" (Article ", Section 3, United States
Constitution can levy rates OF duty on lhpor-
Ia tons from territory acquired by conquest or
treaty different from those levied on merchan-
disc imported from other countries into the
United States, is a question
THE ISLANDS POLITICAL STATUS.
Judge somervtue. toward the end Of his de-
cis.on used the following language.
The political status of Puerto Rico, its rela-
tlons toward this country and the necessity FOR
Congressional legislation 10 supersede military
government by a civil one, and TO extend our
tariff and other laws over the island, are SUB
tects discussed in the recent message OF the
President TO the LNIth Congress first session.
on December ., 1899. from which We make the
following extract;
The evacuation Of Puerto Rico having already
been accomplished on october lS ISIS nothing [s-
mai ned u4a1
visional military control Of the island until Con
ceded territory.
The President in the message urges upon Con
gresS the adoption of a temporary form or
civil government Tor the Island incl4dlns lhe
esta blishment Of Federal courts and Federal
jurisdiction. and adds.
Besides the administration OF Justice, there are
tne SLoIeeIs 0t % rle PuoIii i I aiS' me o I % ~
the waters OF streams not navlgable, which, under
and have by the treaty of cession passed TO the
United States. the immigration OF people from
labor. the imposition and collection OF internal
regulation OF the current money, the establishment
Of postofhces and post roads: the regulation Of
island into the United States the esta blish hmenI OF
patents ana copyrights-these. with various other
Congress call for careful consideration and imme-
The attention Of Congress is further called to the
fact that our larIts nave 3teI continued IN Iorce
against products of the island as when she was
Seg 6 Tnire5 - sff ana q PrTo az n
@ " 1 a-i1 , iII.,Cj'
maintained by him under the law OF belHgereuJ
right, De superseded by administration entirely
civil in its nature.
THE PRESIDENTS AUTHORITY.
If the present tmportations had been made
from some foreign country other than the United
States into Puerto Rico, duties would Unques-
tionably have been lawfully eXacted under the
provisions OF the war tariff prescribed for that
island by the President in his capacity OF Com
mander-in-C Chief Whatever these duties may
have been, the President, in the exercise Of his
much power to break down tariu walls the
conquered territory and admit every imported
article free Of duty he had 10 prescribe duties
levied by the war tariff The power to hN the
rates would necessarily involve that of fixing no
duties at all Had he done this. could il have
been successfully contendd that all OF sucn
goods carried 10 Puerto Rico from foreign coun-
tries and admitted there free of duty could be
brought thence into the United States without
paying any duties at all on the ground that
they came from port Of the United states
Ihls seems 10 US 10 be strong argument tn
support OF the conclusion reached by the Su-
preme Court in the two cases 10 which We have
above referred. and of the Interpretation we
have placed those decisions ANY other
view OF the law would authorize the President 20
admit goods into this country Indirectly through
Puerto Rico. or other like conquered territory
exempt from any duty imposed by the provisions
or existing taTir laws duly enacted by Congress
Whatever may be said 10 International re-
latlOns, in our Judgment Puerto Rico had not
at the time OF these importatons become for
Jarlu purposes a part or the United States
within the meaning of Article l. Section ; OF
the Federal Constitution which provides that
all duties shall be uniform throughout the
United States No question repeat can
arise 10 the want of uniformity in the rates
Of duty levied by Congress until that body shall
undertake 20 extend the tarin laws 10 the newly
acquired territory. and by appropriate legisla-
tion levy rates OF duty on goods imported into
such territory different from those levied on
merchandise coming from foreign countries into
he Dae frfaI