New-York tribune., 1901-05-28
TIE DECISION OF THE INSULAR CASES

TIE DECISION OF THE NSuLAR GASES
The decision of the Supreme Court III the IN
sul,r cases is a decided victory Tor the admin
;stration and makes possible the holding OF
territory without Incorporating 1t into the
United States and extending 10 it our domestic
tariff laws and domestic system OF government.
That was the important question at issue. Ii
involved the power of this country TO guard
It's interests in distant quarters of the globe
and govern by the rule of expediency the pco-
ples brought under its sovereignty. The doc
trine which affirmed this right was denounced
MS "impcrialism" and the exercise OF 1t by Con-
grcss in the passage of the Foraker law impos-
inc duties on goods carried from Porto RICO
into the United States and taken from the
United States TO Porto Rico was contested as
unconstitutional and brought in review before
tho Sunreme Court The court holds that so
much at least of the law as it passed upon yes
tcrlay is constitutional and that the uniformity
of imposts prescribed by the constitution does
not prevent the imposition by act of Congress OF
n separate tariff on territories not made by 1t an
integral part of the United States.
1t is impossible without the full texts or the
opinions in the several cases raising dlfer-
cnt points. 10 determine exactly the Tlew ol
the Supreme Court on all phases of this great
constitutional question. In cne set OF cases
the decision is against the government nut ap-
parently on n question of statutory cohs,ruc-
ton On the other two sets 1t is in favor OF
the government The tariff history of Porto
Rico divides itself into three periods: First,
that of military occupation prior TO the ratln-
cation of the Treaty of Paris; second. that be
tween the ratification of the treaty and the
massage of the Porto Rican tariff law, and,
third the subsequent period with that law IN
force The government is upheld in the use or
its taxing power exercised in the hrSt anu
third periods while the duties imposed in the
second period arc declared 10 have been Illegal
While the island was foreign territory under
military occupation the mDosts levied there
OH imports from the United States were valid
When. however Porto Rico became territory
of the United States by the ratification Of the
treaty. the court holds that in the absence Of
any special law imposing duties none could he
collected. On lust what grounds the collection
of duties on Imports into Porto Rico in that
ppriod is declared invalid does not yet clearly
appear: but the levy in the United States of the
duties imposed by tho Dingley act Is held to
be Illegal because that act applies solely 10
goods imported from foreign countries. and
the court says that Porto Rico is not foreign
country in tho meaning of that law. There
being no other law on the statute books taxing
these goods. the levy was Illegal and must be
refunded In the third period law was on
the statute books specifically applying TO Porto
Rico, taxing goods taken there from the United
States and brought here from Porto Rico. That
law the Supreme Court by its decision in the
Downes case holds to be constitutional In tax
ing imports from Porto Rico. The opinion in
the case involving the taxation of goods taken
from the United States 10 Porto Rico has not
vet been handed down
This decision seems 10 leave the United States
a free hand TO solve the practical problems in
! its dependencies mhampered by our domestic
tariff SYSTEM The cases decided against the
government do not hamper il. The legality or
illecalItv of certain particular duties affected
by the wording of changeable statute law Is Cf
no consequence so long the power to make
laws imposing duties on commerce between The
United States and its outlying dependencies is
affirmed. The broad principle contended for by
the Republican party in the passage Of the For
akcr act Is upheld, and the precedent estab-
Usbed which unless modified materially by the
! decision expected to-day concerning duties
levied in Porto Rico on goods from the United
States makes possible the maintenance of
the promised "open door to the worlds COM
merce in the Philippines and its complement,
the "opcn door TO our own commerce within
! The various European spheres of influence in
! China The Supreme Court has amply sus-
t9ned the administration in the essentials Of
its Porto Rican and Philippine policy. and this
approval is especially significant because the
court has been discriminating and has overrulcd
some of the administrations minor acts as based
on incorrect interpretations of the statutes. 1t
is also significant in its non-partisan character,
! one of the Democratic justices having taken the
/ side of the government on the main question:
while two Republicans joined the dissenting
minority. The great victory has been won for
! this nation which insures it power to exercise
| it's sovereign authority necessity may re
! uuirc without incuTring the obligation to bring
/ all sorts and conditions Of men into the close
/ circle of our Union as present necessary benef-
| ciaries of our tariff laws and subsequent par
! ticipants I'm our government.
OPEN CARS II COLD AND RAIN.
,x1aI ,l,a