Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1901-06-06
VICTORY FOR EXPANSION.
Supreme Courts Gratifying Decision
in Insular Cases

Supreme Courts Gratifying Decision
In Insular Cases.
The Supreme Courts decisions are an
overwhelming defeat for those who con-
| tended that in their own constitution
the American people had deprived
themselves of any Of the attributes of
sovereignty. Whatever else may be
said of them, they are a sweeping vic
tory for the principle of national SOW
ereignty and for expansion as an ap-
plicatioh of that principle.
The order in which the Court an
nounced its decisions, and the fact that
evening newspapers jumped to the con
clusion that the first decision covered
the whole field, have caused a certain
confusion in the public mind as to the
purport of the courts rulings. Upon
consideration Of all the decisions to-
gether this confusion disappears.
In the De Lima and Dooley cases the
court decided that Porto Rico became
American soil from the moment of the
ratification Of the treaty Of Paris.
From the moment" to quote the court,
1.-The United States ceased to be for
eign country with respect to Porto
Rico, and until Congress acted, impor
tations were free from duty from one
place to the other, or vice versa. The
right to free entry of goods continued
until Congress constitutionally acted"
In the Downes case, however, the
court held that while Porto Rico be-
came American soil by the treaty of
Paris, 1t did not thereby acquire all
the privileges of an American State.
porto Rico" the court said, lis a ter
ritory belonging to the United States,
but not a part of the United States
within the revenue clause Of the con-
stitution." Therefore the Foraker Act,
imposing a tax on Porto Rican pro
ducts, is unconstitutional
The distinction here made the court
based upon variety Of reasons. 1.-THE
practical Interpretation by Congress"
said Mr.. Justice Brown, has been long
continued and uniform that the consti-
tuition is applicable to territories only
when and so far as Congress shall di-
rect" Power to acquire territory" he
added, Implies not only power to gov
ern, but to prescribe upon what terms
the United States will receive it's in
habitants, and what their status shall
be-" THE logical inference Is" he con
Guided, that if Congress had power to
acquire new territories, which is con-
coded, that power was not hampered
by the constitutional restrictions"
Justices White, Shiras, McKenna, and
Gray reached the same conclusion by
different roads. They pointed out that
the Paris treaty expressly provided that
the civil rights and political status of
Porto Ricans should be determined by
Congress, and that Porto Rico chad not
been incorporated into the United
States, but was merely appurtenant
thereto as a possession" Therefore
Congress was not controlled by the
revenue clause Of the constitution.
The Supreme Courts decisions have
cleared away many misapprehensions.
They have declared our new posses
sions American soil, and thus refuted
the Bryanite attempts to pick flaws in
our title They have delivered us from
the danger of having suddenly injected
into our citizenship millions not yet
fitted for all it's privileges. They have
left us free to apply to these millions
the test of fitness, and to say when
they may be properly admitted into full
membership in the American family.
On the other hand, the court has said
that we cannot govern these peoples OPP
pressively. 1t requires US to consider
their needs as we'll as our interests in
governing them. 1t has declared that
the American people have not in their
constitution deprived themselves of any
attribute of sovereignty, but may in
the future, as in the past, exercise all
their powers for the education and ele-
walton of all who come under their