The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1900-03-06
IMPORTANT LEGAL OPINION.
Governments Counsel Holds That
Puerto Rico Is Not a Part Of
the Union.

NEW YORK, March 5.-A special to
the Herald from Washington says;
The opinion rendered 10 the secre-
tary of war by Charles E. Magoon,
law officer of the division of insular
affairs. on the legal status of the ter
ritory and the inhabitants of the for
mer Spanish islands acquired by the
United States is being very generally
used by senators in the preparation
of speeches on the Puerto Rican tariff
bill.
80 long as the political department
of this government" Mr.. Magoon as
serts. elects to treat said islands as
being outside OF the territorial boun-
daries of the United States. the ques-
ton of excluding Objectionable persons
or races is of easy solution. The pro-
ducts of the territory have no greater
rights of entry into the United States
than have the inhabitants.
'.The laws of the United States reg
ulating commerce with that territory
have not been altered. Congress has
not changed them and certainly the
executive, acting alone. cannot do so,
and has not made the attempt to per-
form such unauthorized functions.
The laws regulating navigation and
coast trading in the United States have
not been extended over said territory
and cannot be without appropriate
action by congress"
Mr. Magoon states that the inhabi-
tants of the islands, not being citizens
of the United States, do not possess
the right of free entry into the Uni
ted States. The rights Of immigration
into the United States by the inhabi-
tants of the islands are no more than
those of aliens Of the same race com
ing from foreign lands. The Chinese
residents will be excluded under the
provisions Of the Chinese exclusion
act.
"The treaty with SPAIN" the opinion
continues, did not attempt to natural
ize the inhabitants of the islands ac-
quired by the United States. On the
contrary it provided that the civil
rights and political status Of the inhab-
itants shall be determined by con-
gress. 1t follows that they can become
citizen only by a specific act Of con-
gress"
Mr.. Magoon says the power to ex-
tend or contract the territorial boun-
daries of the United States Is vested
in the two houses Of congress, acting
with the approval Of the executive and
is not to be exercised by the presi-
dent, either as chief executive or COM
mander-in-chief of the military forces.
Mr.. Magoon holds that there can
be no question that the territory With
out the boundaries Of the United
States is not bound and privileged by
our constitution"
Mr.. Magoon believes congress and
the executive must determine whether
the boundaries of the United States
shall be extended to include any OF
all of the islands of Puerto Rico, the
Philippines and Guam.
Mr.. Magoon denies that the inhabi'
tants of the islands are citizens of thC
United States, though he says they
are entitled to call upon the govern
ment to protect them in their rights
of property and person, to preserve thu
public peace, and maintain law anC
order. and prevent encroachments up
on the territory by foreign nations
Co-relatively, the inhabitants owe al
legiance to the sovereignty and ODE
dience to the laws whereby the sover
eighty undertakes to discharge th'
obligation.
The sovereignty and jurisdiction o
the United States having attached t
the islands, persons continuing there
in are subject to the laws put in fore
therein by the United states withou
regard to their citizenship, with suel
exceptions as are in force in other ter
ritory subject to the jurisdiction o
the United States.
'It seems incontrovertible," contin
ues Mr.. Magoon, that the unorgan
ized territory Of the United States i
not bound and benefited by the con
stitutlon and laws Of the United State
until congress has made appropriat