The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-12-19

which declares that 'all duties, impcsts,
and exoisss shall he uniform throughout
the United States" Thersupon the gov
eminent ssized the diamonds. The other
case is OF a substantially similar charac-
ter, though Il relates to goods brought
into this country from Porto Rico.
Charles A. Aldridee OF Chicago, formerly
solicitor general OF the treasury, is coun-
sci In the former cas3, and ex-Speaker
John q. Carlisle In the latter. As both
cases involve precisely the same question,
they are being heard together.
Porto Rico and the Philippines came to
us In precisely the same way, namely,
by. treaty with Spain. and the question
Ia, Does the constitution Of Its own
strength apply to territory annexed In
that way. II IL does. then OF course Porto
Rico and the Philippines are as much
under the protection Of that instrument
as Maine is, and in lezisisting in regard
to them Congress must observe the limi-
tstions sat by It, II the Philippines are
under the constitution no discriminating
duty can be imposed upon their products.
which can be brought here as freely as
the products OF Maine can be carried to
Massachusetts, Or course the same is
the oass with Porto kico, and the tariff
recently imposed sy Congress upon the
products OF that island is void alb initio,
and all the duties collected under 1t have
been illgally collected, and must be re-
turned to the nersons who paid them.
Furthermore, If these islands are under
the constitution, their citizens are as free
to come to this country as the psople OF
Maine are to 60 to Yer mont or any other
state In the union. But II the constitution
does not apply by reason of its own
strength to our island possessions. then
of course Congress can govern them as 1t
GEES fib. without any regard whatever for
the limitations imposed by that dncu-
ment. 1t can impose a tariff against
| them, as in fact 10 has already done; 1t
can restrict the coming here OF their in
habitants or forbid 1t altogether; in short
1t may do anything 1t pleases In regard
to them. Ii the court takes the latter
view, that the islands are not under our
constitution. then OF course things will
move along as they have been moving.
But IL 1t holds that they are under the
constitution, then some very serious
problems Will ariss, especially as regards
the Philippines. We could retain Porto
Rico under this decision without any
serious harm, but not the philippines
Their products, which are varied, and
which comprise many articles produced
In this country. would come into direct
\ competition with the home product, with
the result OF driving the home producer
out of business for the low price OF labor in
the Philippines would make 1t impossible
for him to oompete. Moreover, Chinese
and japanese and Filipino laborers could
pour into this country by the thousands
to compete with onr hsne labor, and we
could do nothing to sap them, without
first amending the constitution. 1t Is
clear therefore that an affirmation Of the
doctrine that the constitution extends to
our new possessions by It's own strength
would be fraught with exceedingly disas-
irons consequences unleSs we quickly
got rid Of the Philippine
1t is of very little uss to speculate as
to what the decision viii be. 1t is a
luostAOu Ou obhooo A1WSc'b ~
ths country differ. Very distinguished
jurists are found IN both sides. 1t Is a
natural inference from this faoG that the
court will not be united, but on which
side the majority Will be 1t Is useless to
attempt to predict. There have been
rumors that the three Democratic men,
bers of the bench were likely to espouse
the doctrine OF sx protrio vigore. Per
haps they grow out of ths fact that that
is the doctrine espoused generally by the
Democratic party, though there are some
very prominent Democrats on the other
side. 1t has been asserted, too. that
Judge Brewer was q believer in this
doctrine. Very hBely that 10 an infer.
ence from the fact that he
has delivered several addresses which
seemed to show that he was not In SYM
pathy with the so called imperial
list policy. Judge Harlan has
also been reported to be on this side of
the question. These judges constitute a
majority of the court and II these reports
turn out to be true, the doctrine or ex
proprio vigore Will be sustained. But we
do not think much reliance is to be placed
upon thsm. They are probably nothing
more than guesses or infsrsnces quite
as likely to be wrong as right.