Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1901-05-31
INSULAR DECISION.
Status of New Territory Defined
by the Supreme Court:
"Constitution Follows Flag to Extent of
Making New Islands Domestic Territory,
But Congress May Levy Tarin
Duties on Their Goods.


But Congress May Levy Tariff
Duties on Their Goods.
Washington, May 2S.-In the
United States supreme court yes
terday opinions were handed down
in all but two of the cases before that
court involving the relations of the
United States to it's insular posses
siOns. The two cases in which no
conclusion was announced were those
known as the fourteen diamond rings
case and the second of the Dooley
cases. The undecided Dooley case
deals with phase of the Porto Rican
question and the diamond rings case
involves the right to the free impor-
tation of merchandise from the Phil
ippines to the United States. OF the
several cases decided yesterday the
two which attracted the greatest
share of attention from the court
were what is known as the Delima
case and that known as the Downes
case, and of these two the opinion
in the Downes case is considered the
most far-reaching, as it affects our
future relations, whereas the Delima
case dealt with transitional phase
of our insular relations. The Delima
case was the first to receive the at
tention of the court, and as it ap-
peared to be quite sweepingIy op-
posed to the governments conten-
tions, many persons precipitatively
arrived at the conclusion that the
government had been worsted all
along the line. This view suffered
4 II,
was announced in the Downes case.
The court was very evenly divided on
both cases, but political lines were
not at all controlling.
The point of the two opinions con-
sidered collectively is that Porto Rico
was never after the acquisition of
that island foreign territory; that
until congress acted upon the ques-
ton no duty could be collected, but
that as soon as congress outlined a
method of controlling the islands rev.
enues that action became binding; in
other words, that congress has power
under the constitution to prescribe
the manner of collecting the revenues
of the country's insular possessions
and has the tight to lay duty on
goods imported into our insular pos
sessions from the United States or
exported from them into the United
States. It holds, in brief, that for
taxation purposes they are not a
part of the United States to the ex-
tent that goods shipped between their
ports and the United States are en-
titled to the same treatment as
though they were shipped between
IL
Justice Brown delivered the courts
opinion in both and there were Wig
orous dissenting opinions in both.
In the Downes case four of the nine
members of the court united in an
opinion, characterizing in strong Ian
guage the opinion of the majority in
that case.
Justice Brown also delivered the
opinion of the court in the case of
Downes versus Collector Bidwell, of
the port of New York, in which suit
was brought by Downes to recover
back duties to the amount of $659.35,
exacted and paid under protest upon
certain oranges consigned to the
plaintiff at New York and brought
thither from the port of San Juan,
in the island of Porto Rico, during
the month of November; 1900. This
case involved the question whether
merchandise brought into the port
of New York from Porto Rico since
the passage of the Foraker act is
exempt from duty, notwithstanding
the third section of that act, which
requires the payment of "15 per cent.
of the duties which are required to be
levied, collected and paid upon like
articles of merchandise imported
from foreign countries" The cir
cult court of the United States for
the Southern district of New York
sustained the government in this po-
sitiOn in imposing a duty. The SUI
preme court affirmed the opinion of
the circuit court, saying: eve are
of opinion that the island of Porto
Rico is q territory appurtenant and
belonging to the United States, but
not a part of the United States within
the revenue clause of the constitu-
ton; that the Foraker act is consti-
tutional so far as it imposes duties
upon imports from such island and
that the plaintiff cannot recover back
the 1nfios a11o o&ad IN The aora