Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-05-29
THE SUPREME COURT DECISIONS.
Inter Ocean.l

II
[Chicago Inter Ocean.l
The supreme court holds that Porto
Rico is territory appuftenant and be-
longing to the United States, but not a
part of the United States within the rev.
enue clause of the constitutions" The
PROSTITUTION provides that rall duties,
|imposts and excuses shall be uniform
turnout the United States. The supreme
court decides that Porto klco ceased to
be foreign territory and became part
of the United States as soon as the
treaty with Spain was ratified, and III
the same breath holds that the revenue
clause of the constitution, quoted
above, does not extend by its own force
TO Porto Rico or to any other of our new
insular possessions.
Here is an apparent contradiction. but
the court holds that, as there is nothing
IN the constitution to forbid action by
congress in such cases as that of Porto
ftico. congress has power to prescribe
the manner of collecting the revenue of
our insular possessions, and rules that
The Foraker act is constitutional so far
as it imposes duties upon imports from
the island
The effect of the decisions rendered
yesterday is to settle the status of an
neSed territory as American territory;
10 suspend the revenue clause of tire
constitution in its application to Porto
Rico and the Philippines; and 10 assert
the power of congress 10 frame revenue
systems for the islands as we'll as TO fix
the political status of the inhabitants.
[Chicago Times Herald.l
In handing dawn tie Jao;cto,,. ~
gard to our relations with Porto klco
the supreme court of the United States
has made distinction between those
cases which involved the collection of
customs duties before and after the pas
sage of the Foraker act. In the former
class of cases it decided that the collec-
ton of the duty was void because after
the ratification of the treaty of Paris
Forto Rico was territory of the United
States. and in the language of the de-
cision. when once acquired by treaty
~ belongs to the United States and is
subject to the disposition of congress. :.
This left the way clear for the court
10 discuss and pass upon the authority
OF congress to enact revenue barriers be-
tween the United States and territory
belonging to it. The court affirms the
constitutionality of the Foraker act in
the following terms:
We are of the opinion that the
island of Porto Rico is a territory
appuitenant and belonging TO the
United States, bur not part Of the
United States within the revenue
clause of the constitution. that the
Foraker act is constitutional so far /.
IT imposes duties upon imports from
such island. and that the plaintiff
can not recover back the duties ex-
acted in this case
This may be taken as the nub of the.
decision for it elidows congress with
power TO enact tariff laws between the
United States and its appurtenant ter
litories without saying what degree OF
appurtenance may Justify a distinction
between the cases of such territories as
Arizona. Alaska and Porto Rico
The effect of the decisions, while af-
frming the Foraker act. is to make the
philippines territory of the United
States and 10 give free trade With them
Court says it possesses to impose Gus
toms duties on importations from the
islands.
tween "a territory and territory APP
states" is Il nice one and big with all
government which we have given to
territories OF the United States.
tChicage 'rribunel
This decision disposes % a good many
ugly possibilities. II will not be neces-
sary to admit duty-frec the sugar and
tobacco of Cuba # II should be annexed
1t will not be necessary either to close
the open door in the Philippines by
imposing duties on the goods imported
from foreign countries while those from
the United States go in free. or 10 i'm
pose lower duties turnout the United.
States so that lower duties may be
charged in the Philippines
1t is settled, furthermore that the In
ternal revenue duties levied on this con-
tinent will not have TO be levied in Porto
Rico and the Philippines where condi-
.tions are so different from what they
are here that their imposition would be
ipexpedient not to say unjust Congress
may legislate for the insular possessions
without being bound by any revenue
provisions of the constitution. That in
strument does not follow the flag" SO
far as taxation is concerned, nor as re-
CARDS certain political rights.
An obiter dictum of the court which
no one will take exception to is to the
effect that certain rights, like that of
the freedom of speech and religious
worship. which are In the bill of rights
of the constitution. go to the new pos
sessions with the flag and can not be