The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-05-27
The Constitution Extends to the
Island Of Porto Rico.
TEE SUPREME COURTS DECISION.
Customs Duties on Imports to Be
Refunded.
THE COLLECTION NOT LEGAL


in the Courtroom-The Decisions
Rendered in other InsuIar Cases
The collection Of duties on goods i'm
ported into the United States from Porto
Rico after the cessfon of the island and
prior to the passage OF the Porto Rican
act. was today declared by the Supreme
Court to be without warrant and duties
so paid under protest were ordered to be
restored
The first decision was announced by Mr.
Justice Brown, and was in the case Of De
Lima vs.. Collector BidweIi, in which suit
was brought for the recovery Of duties
paid on sugar brought into New York
from Porto Rico in the summer Of 1883,
after the ratification Of the Treaty Of
Spain aud before the passage Of the Porto
Rican tariff act.
The claim was made by the Government
that for customs purposes the island was
a foreign country. and therefore that
duties on imports from it might be col
Iected under the act in question, This
was discussed "a length in the opinion At
the close Of the opinion Justice Brown
said:
I'VE are, therefore Of the opinion that
at the time these duties were levied. Porto
Rico was not foreign country within the
meaning of the Tariff law. but Territory
of the United States; that the duties were
Illegally exacted, and that ths plaintiffs are
entitled to recover them back
Dissenting opinions were made by Jus
tices Shiras. White, and McKenna-
During the first part of the reading Of
the opinion it appeared that the Govern
ment-s side was being sustained, and bull
Ietins were sent out to that effect by
many correspondents. Later on. howev-
er. it became clear that the Governments
claim was completely defeated In the
most pronounced tones, AIr- Justice
Brown declared that territory acquired
by the United States. by conquest or trea-
ty, could not in any sense be considered
foreign.
The opinion Of the court in the case
was a very lengthy one Ir. Jastice
Brown quoting in extenso from past de-
eislons in cases Of similar nature, in
which Alaska. California. Louisiana, and
Florida were Interested BY the accept
ance Of the Treaty Of Paris the Court
holds that Porto Rico becomes "a Terri
tory" not simply territory" Of the
United States. and must enjoy all the
rights Of such.
It was held that If Porto Rico or any
of the other possessions acquired by
treaty with Spain could be considered
foreign in any one respect by Congress,
for a short period such state of affairs
might be continued indefinitely which
was clearly beyond the prerogatiyes of
the legislative body
I'VE can ind no warrant in law for
this" said Mr. Justice Brown, elevating
his voice and speaking with much force
fulness.
The decision was totally unexpected by
the Government
Tt may make necessary a special ses-
sion Of Congress for rather unexpected
reason. Under the Treaty Of Paris the
Government Of Spain was granted permis-
sion TO export free Of duty to its former
possessions coming under the jurisdiction
Of the United States for term of ter
years.
Now, the Supreme Court holds the isl
and 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 decis-
ion, they can be carried free into this
country The result would be free admis-
sion Of Spanish goods to any part Of the
United States
In the Dooley case, as in the De Lima
case Mr. Justice Brown, reading the
opinion, the decision IS against the con-
tention OF the Government. the case be
ing rerpauded for new t~iaL In this case
the platntin sought to recover duties as.
sessed upon goods shipped from Porte
Rico 10 New York, partly before and part
" after the ratification Of the Treaty OF
Paris. but before the enactment Of tn,
Porto Rican Tariff law
Justices Gray, shiras. McKenna, -ant
White dissented-
The Goetze and Crossman cases wer,
also decided against the Government.
contention The Goetze case, like the D.
Lima case, involved duties collected OF
goods coming into the United States from
Porto Rico, after the Peace Treaty an,
before the taking effect of the Porto Ri
can tariff act
In the Crossrnan case duties were col
Iected on goods imported into the Unite,
States from Hawaii. after the annexation
and before the Hawaiian act went into ef
feet
The fact that the decisions in the con
stitutionaI cases were expected toda.
brought out at an early hour an unusua
gathering Of visitors TO the court tn
senI-circular area allotted to the bar wa
flied to overlooking and the corridor
lined with anxious applicants for admis
sion.
Among those present were soHcito
Trains Today for Chesapeake BeacI
1870 a. n, 2:30 p m. $50 p. m. 7:SG . n
Return 2:S0 p. n, P ~, 10 ?. n 80 cent
round trip.
Best Lumber uptown always an.
lowest prices too y Frank LLbbey 4 Co.