The daily journal. (Salem, Or.) 1899-1903, 1901-05-28
CALIFORNIA FIG SYRUP CO

the subject. Uuder this power Congress
may deal with territory acquired by
= treaty; may administer its government
es it does that of District of Columbia I; it
may organize local territorial govern
ment it may admit il as a state upon
equality with other states lit may sell its
public ownings to individual citizens or
may donate them as homesteads to actu.
al settlers. In short, when once acquired
by treaty it belongs to the United
States and is subject to the disposition
Of Congress.
Territory thus acquired can remain
foreign country under the tariff laws only
upon one or two theories: Either that
the word "foreign" applies to such
countries as were foreign at the time the
statute was enacted, notwithstanding any
change in their condition, or that they
remain foreign until the tariff law under
Congress has formally embraced them
within the customs union of the states.
The drst theory is obviously nntenable.
While a statute is presumed to
speak from the time of its
enactment il embraces all such
persons or things as subsequently fall
within it's scope, and cease to apply to
such as thereafter fall without it's scope.
"The theory that country remains
foreign with respect to the tariff laws
until Congress has acted by embracing
1t within the customs union presupposes
that country may be domestic for
one purpose and foreign for another.
II may undoubtedly become necessary
for the adequate administration Of a
domestic territory to pass a special act
providing the proper machinery and
officers, as the President would have no
authority, except under the war power,
TO administer it himself; but no act is
necessary TO make it domestic territory
il once il has been ceded 10 the United
States. Weexpress no opinion as TO
whether Congress is bound TO appro-
pirate the money to pay for it. This
theory also presupposes that territory
may be held indefinitely by the United
States; that IL may be treated in every
particular extent for tariff purposes,
as domestic territory that laws may be
enacted and enforced by An ohiceroi the
United States sent there for that pur-
pose that instructions may be sup
pressed, wars carried on, revenues col
lected, taxes imposed; 10 short, that ev-
erything may be done which a govern
ment can do within it's own boundaries,
and yet that the territory may still re-
main foreign country, That this state
of thing may be for years, for a century
even, but that until Congress enacts
otherwise will still remain foreign coun-
try. To hold that this can be done as a
matter Of law we edeem TO be pure judicial
legislation. We find warrant for IL in |
the Constitution OF in the powers con-
ferred upon this court. IL is true the |
non-action Of Congress may occasion a
temporary inconvenience, but it does
not follow that courts Ct justice are authr-
lied to remedy il by ayerting the ordin-
ary meaningoi words.
"A single further point remains TO be
considered. II is insisted that an act OF
Congress passed March "a, 1900 tSl Stat,
1871 applying Tor the benefit Of Porto
Rico the amount OF the customs revenue
received on imporiations by the United
States from Porto Rico since the eyacua-
tion OF Porto Rico by the Spanish forces
October Is, 1898, TO January !, 1900, to.
gether with any further customs revenue
collected on lmpOItations from Porto
since January ], 1900, or shall hereafter
be collected under existing laws, is recog-
milton by Congress Of the right 10 collect
such duties as upon impOTtatiOns from
foreign country until Congress embraced
Il within the customs union. II may be-
seriously questioned whether this is any
thing more than recognition OF the
fact that there were moneys In the treas
ury not subject 10 existing appropriation
laws. Perhaps No may 60 further aud
say that 30 far as these duties we're paid
voluntarily and without prOtest the le-
gality OF the payment Was intended 10 be
recognized, but il can clearly have no re-
treactive effect as 10 moneys therefore
paid under protest for which an action TO
l. II IL