The Leon reporter. (Leon, Iowa) 1887-1930, 1901-05-30
PORTO RICO NOT FOREIGN.
Supreme Court Files Opinion in the
lnSular Cases

{ - j i
Supreme Court Files Opinion in the
lnsular Cases.
Washington, May 2s.-The Uniteo
States supreme court yesterday hand
ed down opinions covering all of the
issues on the new insular possessions
which have been in controversy. AL.
though several of the decisions up.
held the contestants on certain issues
raised, in the most important decision
that of Downes against Bidwell, JUS
tice Brown announced the sweeping
decision of the court upholding the
general attitude and policy of the
government up to the present time.
The effect of this decision is to affirm
the constitutionality of the Foraker
act and to give congress power to
deal with newly acquired terri
tory in such manner as the legisla-
tive branch may consider suitable for
the new territory. The decision also
has the effect of declaring that the
new insular possessions do not by
virtue of the treaty of cession ao-
quire all the privileges and rights of
the constitution. ,4
The main opinion was handed down
in the De Lima case. Justice Brown
dealt first with the courts decision
on point of jurisdiction, holding that
the court had jurisdiction.
The De Lima case involved the inn
portation of goods into the United
States from Porto Rico after the
ratification of the treaty of Paris
and before the passage of the Porto
Rican act.
De Lima & Co., doing business in
New York imported from San Juan,
p. R., during the months of June
and July, 1899, certain sugars, the
product of Porto Rico. Upon these
sugars the collector at New York
demanded and collected about $13 900
as customs duties.
De Lima & Co. sued Bidwell, the
collector, as an individual in the SUI
preme court of the state of New York
to recover back the duties thus paid,
amounting in all to $13,145, alleging
that they were unlawfully demanded,
in violation of the constitution and
collected by duress, the collector ex-
acting the payment of duties as a
condition to the delivery of the SUI
gars.
Justice Brown said that whether
the sugar imported from or into Por-
to Rico We're dutiable depends upon
whether Porto Rico is foreign coun-
try. He held that the right to ac-
quire territory involved the right to
govern and control it by congress.
but he said that country could not
be both foreign and domestic.
Justice Brown concluded as fol-
lows:
eff an act of congress be necessary
to convert foreign country into
domestic territory, the question at
once suggests itself, what is the
character of legislation demanded for
this purpose? Will an act appropriate
ing money for it's purchase be suffi-
Gent? Apparently not. Will an act
appropriating the duties collected
upon imports to and from such coun-
try for the benefit of its government
be sufficient? Apparently not. Will
acts making appropriations for it's
postal service, for the establishment
of lighthouses, for the maintenance
of quarantine stations, for erecting
public buildings, have that effect?
Will an act establishing complete
local government, but with the res
ervation of a right to collect duties
upon commerce to adequate for that
purpose? None of these, nor all to-
gether will be sufficient, if the con-
tention of the government be sound,
since acts embracing all these pro-
visions have been passed in connec-
ton with Porto Rico, and it is in
sisted that it is still a foreign country
within the meaning of the tariff laws.
We are unable to acquiesce in this
assumption that a territory may be
made at the same time both foreign
and domestic
1--WE are therefore of opinion that
at the time these duties were levied
Porto Rico was not foreign country
within the meaning of the tariff laws
but territory of the United States,
that the duties were illegally exacted
and that the plaintiffs are entitled
to recover them back.
"The Judgment of the circuit court
for the southern district of New York
is therefore reversed and the case re-
manded to that court for further pro-
ceedings in consonance with this
opinion"
Justice McKenna delivered the dis
senting opinion of the supreme court
in the insular cases. He was Joined
in that opinion by Justices Shiras
and White.
| The decision in the Downes case
| followed the history of the dealings
of the United States with Porto Rico
a step farther. The case dealt with
the legality of the exactions of duties
on goods imported from Porto Rico
into New York after the passage OF
the Foraker act providing for duty
upon goods shipped from the United
States into Porto Rico and also on
4 those shipped from Porto Rico to
the United States.
In this case the court held that
such exaction was legal and consti-
tutional, and considered collectively
is that Porto Rico was never after
the acquisition Of that island for.
eign territory; that until congress
acted upon the question no duty
could be collected but that as soon
as congress outlined method of the
islands revenues that action became
binding; in other words, that con.
gress has power under the constt.u.
ton to prescribe the manner of col
lecting the revenues of the country's
insular possessions, and has right
to lay duty on goods imported into
our insular possessions from the Uni
ted States or exported from them in
to the United States. Tt holds in
brief, that for taxation they are not
part of the United States to the
extent that goods shipped between
their ports and the United States
are entitled to the same treatment as
i though thew were shipped between