The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-12-22
CONSTITUTION AND FLAG.

court is to decide whether the conStitu-
ton follows the flag; whether Porto Rico
and the Philippines are entitled to the
constitutional guarantees; whether the
government is bound by, the constitution
in governing the island possessions, and
whether this island empire after acquisi-
ton from Spain is part of the United
States or still a foreign country. For
a week the case has been eXhaustively
argued before the court. Court deci-
sions and the nations history have been
ransacked for precedehts, of law and ex-
ecutive policy. Inasmuch as the two
cases before the court involve the ques-
ton of national revenue and taxation,
the court according to custom is ex-
pected to transmit as early and prompt
decision as its deliberations will per-
NIT; so that within few months the
great constitutional issues which for two
years have agitated the legal and po-
litfcal thought of the country will in all
probability be settled so far as concerns
the determ' nation of the highest judicial
tribunal OF the land.
Two cases are before the court for
joint consideration, both involving the ap-
| plication of the tariff laws; one appeal
ing against the payment of tariff duties
| on goods imported from Porto Rico. and
the other on goods imported from the
Philippines. The argument of appellants
from the rulings of the custom hotfse'
and the lower court, is substantially as
follows:
First-Congress derives all of it's pow
ers from the constitution, and cannot
make laws for any country where the
constitution is not in force. Unless
the constitution extends to Porto Rico
and the Philippines, congress has no au-
thcrity there.
Secondly ratification of the treaty
Porto Rico and the Philippines became
part of the United States and entitled
to the constitutional guarantees, among
| which are freedom of trade and uniform
taxation throughout the United States.
Third-The tariff law of 1897, as stated
in the enacting clause, operates only
against ARTICLES imported from foreign
Countless and Porto Rico and the Phil
lipines. since the ratification of the
treaty, April Il, 1893, have not been for.
eign countries, but part of the terri
tory of the United States.
Fcurth-Congress derives its power to
from oy+ioIa cao+-o,,
s, of the constitution, which provides
that "aIt- duties, einposts and excuses
shall be uniform throughout the United
States"
1t is now nearly fifty years since the
United States supreme court decided the
almost parallel case of California, at that
time recently acquired by conquest and
treaty from Mexico and governed under
a territorial regime not unlike that of
Louisiana and Porto Rico. The court in
that case Gross US. Harrison, Is Howard
les, 1s1-20D decided: First, that 'by the
ratification of the treaty California be-
came part OF the United States;'
| second, 1.-THE constitution of the United
States extends to California; and third,
that California under the constitution be-
came subject to the provision, that all
duties, imposts, and excuses shall be uni
form Throughout the United States"
Congressman Littlefeld in his famous
| speech in congress on the Porto Rican
bill cites five subsequent cases where the
above doctrine in Cross VS.. Harrison has
been cited by the supreme court and ap-
| proved.
9 1t is nearly slightly years since the de-
I cision of Chief Justice John Marshall in
| the celebrated case of Loughborough VS..
| Blake 6 Wheaton, 3i9, involving the
same issue, and raising the question
whether the constitution and its uniform
| tax provision extended to the District of
| Columbia, which, ike Porto Rico, is
| territory and not a state. The court, In
| the words of Chief Justice Marshall, held:
''The District of Columbia or the terri
tory west.~of the Missouri (then an I'M
explored Wild is not less within the
United States than Marylan or Pennsyl-
| vania, and it is not less necessary on
the principles Of our constitution that
uniformity in the imposition of imposts.
| duties and excuses shall be observed in
the one than in the other
This case has been cited and approved
by the supreme court in three subse-
| quent cases involving national taxation
oil
Alaska after the ratifcat ton of the Alas
kan treaty, in 1867, have been admitted
by the United States treasury depart
ment, by official instruction. free of duty.
It is interesting to note that Judge Ma
COON, legal adviser of the insular branch
of the war department, III a brief render
ed in May, 1885, gaVea it as his opinion
that there was no question that Porto
Rico was part of the United States.
or that the constitution extended to- it,
and that congress had no power to levy
tariff taxes on goods imported from Por-
to Rico or shipped TO it from other por-
tons of the United States President
Mckinley followed with the famous mes
sage of one year ago, in which he de-
clared, 'tour plain duty is to abolish the
customs tariff between the United States
and Porto Rice.
But when the Porto Rican tariff fight
grew hot both Mckinley and Magoon re.
versed themselves. Secretary of War
Root, page q of his report, outlined the
now administration doctrine thus. s'Ths