Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1901-05-27
FROM WASHINGTON.
(Ccrrsspsndence Of the Alexandria Gsseste.I
Washington. May q.

ment. Jubticc DtoWh iOou WV
The first case considered was that OF
De Lima versus Bidwell, Collector OF
the Port of New York. 10 this csse,
the court holds that territory acquired
by the United States cannot be con-
sidered domestic for one purpose ana
foreign for another. Duties therefore,
collected under the D'Dgley act alter
the ratification OF the treaty OF Faris
mon goods coming from Porto Rlco
into the United States are illegal
Justices Shirss, White, and Mckenna
dissented from the opinion OF the
majority of the court. Later on, now
ever. 1t became clear that the govern
mept's claim was completely defeated.
Ia the most pronounced tones Justice
Brown declared that territory &C.
quired by the United States by
conquest or treaty, could not
in any sense be considered foreign.
The opinion OF the court In the DE
Lima case was very lengthy one, JUS
tice Brown quoting 10 extepso from
past decisions in cases OF similar ns'
ture, in which Alaska, California,
Louisiana and Florida were interested.
By the acceptance of the treaty OF Paris
the court nolds that Porto Rico be-
comes So territory" not simply terri.
tory" of the United States, and must
enjoy all the rights OF such. 1t was
held that IL Porto Rico or any OF the
other possessions acquired by treaty
with Spain could be considered "for-
ejgp," In any one respect by Congress
for q short period such state OF affairs
might be continued indefinitely, which
was clearly beyond the prerogatives OF
the legislative body. "We cau find no
warrant il law for this" said Justice
Brown, elevsting his voice and speak
ing with much forcefulness. The de-
cision was totally unexpected by the
government. 1t may make necessary q
special session OF Congress for rather
unexpected reason. Under the Paris
treaty the government OF Spain was
granted the permission to export free
OF duty to its former possessions coming
under the jurisdiction OF the United
States for term of ten years. Now,
the Supreme Court holds the island OF
Porto Rico to be "a territory" OF the
United States. Yet Spain can carry
her goods to that territory, and from
that territory under the Supreme Court
decision, they Can be carried free into
this country. The result would re free
admission Of Spanish goods to any part
of .he United States.
10 the Dooley cases, as In the De
Lima case, Justice Brown reading the
opinion, the decision lie against the con-
tention OF the government, the case be-
log remsnded for new trial. 10 this
case the plaintiff sought to recover
duties assessed upon goods shipped
from Porto Rico to New York, partly
before and partly after the ratification OF
the treaty of Paris, but before the en-
actment OF the Porto Rican tariff law.
Justices Gray, Shiras, McKenna and
White dissented.
The Goetzs and Crossman cases were
also decided against the governments
contention. The Goetse case, like the
De Lima case, involved duties collected
on goods coming into the United States
from Porto Rico, after the peace treaty
and before the taking effect OF the
Porto Rican tariff act. In the Cross
man case duties were collected on
goods imported into the United States
from Hawaii, after the annexation and
before the Hawaiian act went into ef-
feet.
In delivering the minority opinion 10
one of the minor Porto Rican clses, In
the Supreme Court today, Justice
White said: "This court will decide
today that Congress has the power to
pass laws imposing tariff duties on
goods coming from Porto Rico to the
United States" This Is tie main con-
tention of the government.
The most important ruling in the Su-
preme Court was 10 the case OF Downes
vs.. Bidwell. Justice Brown delivered
it at 2.20. 1t sustains the governments
holding that duties collected on goods
coming into the United States from Por.
to Rico after the Porto Rican act took
effect, ss constitutional. 1t sustains, 10
other words, the right OF Congress to
pass tariff laws for Porto Rico, even
though Porto Rico be ga territory" OF
the United States.
Ju.tcs Brown 10 delivering the
opinion OF the court 10 the Downes
case, upon the legality of duties levied
after the passage Of the Porto Rican
tariff act, held that our insular posses
sions are TERRITORY appertaining
to the United States but not part of
the United States, in the sense Of con-
as regarding customs" The
lower court is sustained In It's
judgment favoring the govern.
ment. Justices White, Shiras and
dlssented. Under this ruling |
the Porto Riosn tariff act, establish
ing duty Of Upper cent. OF the Ding
ley tariff upon imports from Porto Rico |
into the United States Is declar.
ed constitutional. Justice White was
the first to throw bombshell |
among those who believed that
the government forces had been routed.
He announced, 10 handing down q
opinion, that further along,
he court would hold that Congress has
he power to pass laws imposing duties
IN goods from Porto Rico to the United
states.
Solicitor General Richards received
he announcement smilingly, turning
With an 81 told you 30" to bis neighbor.
The courts later decision in the
)ownes case sustained his view more
thoroughly. He Is perfectly content
With the outcome. Divided into three
ARTS, the decisions mean:
First. That Porto Rico was foreign territory
nder the original military occupation.
Second. 1t became domestic by the cession
rovided by the treaty Of Paris, but not yet
uhject to American tariff duties
Third. That 1t became subject to American
sriff duties by the act OF Congress known as
he pnrtn Rican tsrif act |