The Brunswick times-call., 1901-06-09
Interesting Interview From Congressman Bantg on the
Recent lGula Decision Of the Nations HIGHEST Trbnnal

Congressman BrantIey gives the Times
Call the following very interesting interview
on the decision recently handed down b,
the United States Supreme court
Some confusion apparently exists in
the public mind as to what the Su-
preme court really decided in what are
known ss the "Insular cases." and q
careful reading Of the several opinions
delivered is necessary TO . proper un
derstanding Of just what the decision
of the court is.
Viewed from the standpoint of Jus
tioe Browns opinion for the court in
the Downes case, or OF Justice White :
concurring opinion. the result Is alike
distressing to everyone who believes
the United States government to be
one of limited and enumerated powers,
aud that the constitution ia the sole
source Of it's power. Both opinions
und0ubte edlq tend TO a colonial govern
ment, snd yet the court has not held,
in terms, that q colonial government
can exist, and the situation is not yet
so bad as some criticisms make it ap
pear to be.
In what Is known as the u, Lima
case, it appears that subsequent to the
ratification Of the treaty Of peace with
Spain, aud prior to the enactment by
congress of any legislation for the
government OF Porto Rico, President
Mckinley treated Porto Rico es for.
eign territory, TO the extent of author.
izIng the imposition OF the full Ding'ey
tariff rates upon all products imported
from Porto Roo into the United States
during that period.
Six Of the justices of the Supreme
court of the United States decided that
mediately upon the ratification .oi
the treaty Of peace with Spain, Porto
Rico ceased to be foreign territory and
became domestic territory, and, there
fore, after that time and before any
legislation by congress, the products
Of Porto Rico coming into the United
States could rot be taxed under cur
tariff laws as coming from foreig gn
country.
To this decision, three OF the justices,
to-wit: White, ShIas and McKenna,
disssnted, Justice McKenna fling the
disssn ting opinion, which opinion
holds that Porto Rico continued TO be
foreign territory, notwithstanding the
ratification of the treaty of peace, and
could not become part Of the United
States until actually incorporated into
the Union by act Of congress, and con.
gress not havir 6 actually incorporated
it, the tariff taxes collected on Porto
Riosn products were properly col !ected
the same being collected on foreign
goods within the meaning Of the con-
sti.ution.
Justice Brown coDourred with the
majority Of the court in the opinion In
this case, agreeing that the ratification
OF the treaty Of peace with Spain con-
stituted and completed annexation of
Porto RIoo to the United States, and
that it IVES not foreign territory after
such ratification. 1t is somewhat di fl
cult to reconcile his opinion here with
his subse q uent opinion 10 the Downes
case.
In the Dowpes case, which is the
moro important Of the two cases, the
precise point involved was as to the
oonstitutionRlity Of that part of the
Foraker law establishing 8 civil gov
ernment for Porto Rico, in which a
levy of Is per cent. of the Dingley
tariff on articles imported frcm Porto
Rico into the United States was au
thorized, and which law was, Of course
enacted subsequent to the ratification
Of the treaty Of peace.
The constitutionallty Of this part OF
the Foraker law was attacked upon the
ground that 1t conflicts with article |,