The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-29

1t will take some time to estimate the
exact effect of the decisions Of the Supreme
Court In the insular cases, both on The
past acts and future policy of the govern
ment. IL Is evident that the court itself
appreciated the great Importance OF the
questions involved and the far-reaching ef-
feet of its decisions. This is apparent in
the unusual length OF time taken in arriv-
ing at a decision, the extreme care be-
slowed in formulating the opinion OF the
court, and the able and exhaustive treat
ment OF the questions involved in the sep
arate o~piAions of the different justices,
both those agreeing in some respects with
the opinion Of the court and those differ
ing therefrom in argument and conclu-
sions. 1t is no disrespect to the majority
of the court to say that the opinions of the
dissenting Judges are as valuable a contri-
button to constitutional discussion and
construction as those of the majority. AS
a whole, the opinions rank among the
greatest ever handed down by the court,
and while that of the majority will rule
they will all be looked TO as guiding lights
in future discussions.
One effect of the decision is TO invali-
date the collection Of all duties on i'm
ports from Porto Rico TO the United States
between the time Of our acquisition Of the
island and the passage of the Porto Rican
act. This was about one year. The court
holds that during this period Porto Rico,
although 1t had not yet been brought TN
H. ooot~oI mo I1r,oct;c Tar
ritory and therefore not subject to the
operation of a tariff. 1t follows that all
the duties collected on importatlons from
Porto Rico during this period will nave to
be refunded. The total amount thus col
lected could not ave been large enough
to MAKE the refunding a matter Of much
consequence to the government. but it viii
bring up quite a number OF claims. the
settlement OF which will be )re annoying
than difficult.
1t is not quite clear whether tho decision
covering the transition period or the period
of military rule in Porto Rico will apply TO
present conditions in the Philippines or
not. If it does all the duties that have been
collected on importations from the Philip
pines since their acquisition by the United
States have been illegally collscscd and will
have tc be refunded. 1t may be, however,
that the Spooner amendment to the army
appropriation bill carries with 1t as full au-
thority TO impose tariff duties in this case
as the Porto Rican bill does in the other.
The Spooner amendment provides that
all military, civil and judicial powers nee
essary to govern the Philippine islands
"shali until otherwise provided by Con-
gress be vested in such person or persons,
and shall be exercised in such manner as
the President of the United States shall
direct for the establishment of civil gov
eminent and for maintaining and protect
ing the inhabitants of said islands in the
free enjoyment of their liberty, property
and religion" The amendment does not
impose any tariff duty nor delegate any
power to impose such duty. and in the abb
under the decision in the Porto Rican case
all duties collected and importations from
the Philippines from the acquisition of the
islands to the present time have been il
legal and will lave TO be refunded. The
point of. the decision is that the moment
foreign territory is acquired by the United
States 1t ceases TO be foreign and cannot
be made subject to tariff legislation ex-
cept by the action of Congress.
The effect of the decision is to place in
sular possessions of the United States on
a different footing from continental or con-
tiguous possessions by declaring that GER
tain provisions of the Constitution which
apply TO the latter by their own force do
not apply to the former until Congress
shall so direct. II we should ever acquire
any tropical country that is not insular
the principle established by the present
decision might come up in an ugly shape.
However. it is the law of the land. and
the Nation will adjust itself TO it.