The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1901-05-31
GOVERNMENT IS SUSTAINED
OPINION OF SUPREME COURT.
Has Decided the Status of Our Island
OBSERVATION-DISCLOSURES of Congress
Defined-FornISer Act Was Consti-

Washington, ID. c. May 2S.-The Unit
ed States supreme court handed down
opinions concerning all the issues on the
new insular possessions which have been
in controversy. Although several of the
decisions upheld the contestants on certain
issues raised, yet in the most important
decision, that of Downes against BidweI,
Justice Brown announced the sweeping de-
clslon OF the court upholding the general
attitude and policy of the government up
to the present time. The effect of this de-
clslon Is to affirm the constitutionality of
the Foraker act, and to give congress pow
Ell to deal with newly acquired territory
In such manner as the legislative branch
may consider suitable for the new terri
tory. The decision also has the effect of
declaring that the new insular possessions
do not by virtue of the technicality of
rights of the constitution.
In the Downes case, the United States
supreme court decided in an opinion by
Justice Brown that while Porto Rico is
territory of the United States, it is not
such for tariff purposes, and that the
Foraker act is constitutional. The iudg-
ment OF the circuit court was affirmed
dissenting opinion was handed down
by Justice White, in which Justices Shiras
and McKenna concurred.
Opinion in DE Lima Case.
Justice Brown of the United States SUI
preme court announced the decision of that
court in the insular cases. The announce
ment of the courts opinion was begun at
1927. The main opinion was handed
down in the De Lima case. Justice Brown,
who announced the courts decision, on
points of jurisdiction holds that the lower
court had jurisdiction. Justice Brown said
that whether the sugars imported from or
into Porto Rico were dutiable depends
upon whether Porto Rico is a foreign coun-
try. He held that the right to acquire
territory involved the right to govern and
control it by congress, but he said that
a country could not be both foreign and
domestic.
The opinion was opposed to the conten-
ton of the government. He concluded
that at the time the duties were collected
Porto Rico was not a foreign country, but
a territory of the United States.
From a high source it is learned that
the United States supreme court has de-
cided as follows:
l. The constitution follows the flag.
2. The United States can have no sub
ject colonies.
3. Porto Rico and the Philippines are
now war territory and are not yet inte-
grail parts of the republic.
4. They must be governed as war ter
ritory until congress acts.
.. Congress has the power to withdraw
the flag and relinquish possession of them.
6. Congress alone can incorporate new
territory into the United States.
7. The Paris treaty did not incorporate
the new islands into the United States.
s. The constitution applies to all ter
ritorial possessions of the United States.
0. The president has no power outside
of or beyond the constitution.
10. The president can use no "discre-
ton" beyond the limits of the constitu-
ton.
IL. The tax on Porto Rican products is
legal.
The members of the supreme court will
decide today by vote whether their de-
cision shall be made public or held back
until October The decision was reached
after one of the most spirited discussions
ever held within the sacred circle of the
supreme court bench. There is dissent
ino oniniOn