Evening star., 1901-05-25


The Department of Justice Is confidently
expecting a decision sustaining the posi-
ton of the government on the questions
at issue in these cases. Reports have gone
out recently stating with some degree of
poSitiveness that the court would uphold
the governments contention, and the De-
partment of Justice is disinclined to be-
lieve that the decision can be other than
favorable.
Statement Prepared.
Solicitor General Richards, in view of the
possibility of a decision being handed down
next Monday has caused to be prepared
statement which will be made public when
the decision is promulgated. setting forth
clearly the status of each of the cases and
th- questions at issue.
Several of the cases involve the importa-
ttnn of goods from Porto Rico before the
passage of the Porto Rican act, but after
the ratification of the treaty. Another
deals with the Importation of some jewelry
from the Philippines. There is one Hawa-
Ian case and one arising under the Porto
Rican act.
A material question involved is whether,
under the treaty of Paris Porto Rico and
thu Philippines become a part of the United
States To the extent that the constitutional
provision requiring all excise duties TO be
equal should prevail. Another material
question Is whether the constitutional pro-
hIbitIrn against taxing articles exported
from states is violated by the Porto Rican
act.
In the Hawaiian case the question is
whether Hawaii, under the resolution OF
annexation. became an integral part of this
country Immediately. in spite of the clause
of he annexation act continuing the Ha-
WstiIau customs laws in force.
Forecast of the Decision.
Mr. Walter Wellman. in a special dis
patch from this city 10 the Chicago Record
Herald. says:
81, ,ft nc af
th. United States is that the Constitution
du-s not follow the flag.
This decision the most important that
great tribunal has made. will be hand
IL Down next Monday. The only clement
oi duubt as 10 the appearance of the deci-
sion 1:l that day lies in the fact that >ne
or TWO Of the justices may not have their
opinions finished. and that out of courtesy
I them II Will be necessary 10 have fur
th.r delay.
But all the probabilities are that the long
l'rked-for decision in the famous insuisr
test cases Will be ready for announcement
EeXt Monday. This was the expectation
Of the Justices themselves forty-eight hours
ago
The decision is in favor Of the govern
ment. but by divided bench. I am not
able To- say with positiyenass how many
dissenting opinions there will be. but two
or three is the number expected by those
VIII" are best informed. There will be IT
least five individual opinions, but some Of
these are concurring opinions, expressing
the views Of the writers more fully and
particularly than is done in the opinion of
the majority.
l understand that the opinion of the ma
jority in this case has been written by
Chief Justice Fuller.
Concerning the chief ground upon which
the majority base their decision in favor Of
the government, direct and positive in
formation has reached the Washinyt on cor
respondent Of the Record-Herald- The
court goes back to the period IN which the
republic was formed and the Constitution
framed and endeavors to ascertain what
was the intent of the founders of the ma
ton
1t holds that the Constitution was drafted
by the representatives of the states which
afterward became members If the Union:
that this organic act was ratified by those
states; that it applied to them alone; that
II had nothing to do with territories being
made by the states for the states The
people Of the original states We're in their
combined action the political power which
gave birth To new sovereign nation not
the people of the territories then in exist
ence. ur afterward acquired.
The states of the Union, therefore. the
majority hold, are still the seat of political
power. and territories or new possessions
can be Incorporated within the national
Domain. constitutionally speaking. only
through the conscious will of the states.
expressed by congressional action in statute
or treaty Acquisition alone is not incor-
poration.
A. to Uniform Taxation.
the majority of the court disposes of the
uniform taxation clause of the Constitu-
ton. which has been invoked by all the ap-
pel1nts in these cases. in the following
manner.
The trainers OF the Constitution in writ
ing that clause. had no thought of its ap-
pltcatinn 10 territorial possessions No such
question as Is now presented had arisen in
th-ir minds. The clause, ''All duties i'm
posts and excises shall be uniform through
out the United States.' the court holds
was placed in the Constitution as a result
oI the jedlousies OF the states which united
IN forming the nation. 1t was intended TO
prevent any state or combination of states
securing advantage over another or others:
10 prevent the ports of one state gaining
preference over those of another in the i'm
pDrtatipn of goods
Ihis rule Of uniformity was made pri-
mtrily for the states united the court
holds, rot for territories then possessed or
afterward acquired. and the constitutional
rtHulreFnent IS satisfied as long a all du-
ueS on imports are uniformly imposed at
all the ports throughout the United States
ihe advantage of this uniformity NAV he
extended 20 territories and possessions not
states and not members of the American
Union. but that is for Congress to deter
ton.
These the chief grounds upon which
tht decision Of the court is based am
informed that the majority have endeavor-
ed 70 take the Constitution as II WAS
ana have carefully avoided all appearance
OF effort to adapt their Interpretation to
present conditions and needs
foiicy and politics have had nothing to
DO with the decision. The argument that
the founders OF the republic had no other
lhouSht but that the nation could hold
territories or colonies without the Constttu-
tlon: which was urged by the government
at the hearing, and supported by MANY his
torical citations, therefore had great infiu-
ence with the learned justices. The facts
that the treaties by which the nation ac-
quired Louisiana and Florida provided for
tarins which were not uniform throughout
the United States. and that II has been the
policy and practice of our government to
extend the Constitution to territories by
act OF Congress, also had great weight
with the court
The anomaly OF a nation being so fet-
tered by Its organic act that II cannot ac-
qulre territory through the incident OF war
without Incorporating such territory within
the national domain. even when it's inter
ests require IL should not do So is I am
told. spoken of in the opinion of the ma
jority. Also. the further anomaly that
such incorporation takes place as II has
lot