Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-05-28

until after 5 o'clock when the court ad-
journed until today. Opinions were handed
down in all but two cases that were be-
fore the court involving the relation Of
the United States to it's insular posses
sions The two cases in which no conclu-
sion was announced were those known as
the fourteen diamond rings case and the
second of the Dooley cases The undecid-
ed Dooley case deals with a phase of the
Porto Rican question, and the diamond
ring case involves the right to the free i'm
portation of merchandise from the Philip
pines to the United States. The original
intention of the court has been to adjourn
for the term after yesterdays sitting, but
discussion of the cases passed on yester-
day. took about five hours, SO the court
adjourned until today
De Lima and Downes Cases.
OF the several cases decided yesterday
the two which attracted the greatest share
of attention from the court were what Is
known the De Lima case and that known
as the Downes case, and of these two the
opinion in the Downes case is considered
the most far-reaching, as it affects our fu-
ture relations whereas the De Lima case
dealt with a transitional phase of our IN
sular relations. The De Lima case was the
first to receive the attention of the court,
and as 1t appeared to be quite sWeepinsly
opposed to the governments contentious.
many persons precipitately arrived at the
conclusion that the government had been
worsted all along the line. This view suf-
fered decided change when the conclusion
was announced in the Downes case. The
court was very evenly divided on both
cases. but political lines were not at all
controlling.
The De Lima case involved the power of
the government to collect duty on goods
imported into the United States from Porto
Rico after the ratification of the treaty of
Paris, and before the passage of the Porto
Rican act. The court said the govern
ment's contention in this case was sub
stantially a claim that Porto Rico is for
eign territory. The entire case turned upon
that contention The court held that the
position was not well taken; that Porto
Rico was not at the time foreign territory,
and that therefore the duty which had
been collected must be returned.
The decision in the Downes case fol-
lowed the history of the dealings of the
United States with Porto Rico a step far
Their. That case dealt with the legality of
the eyaction of duties on goods imported
from Porto Rico into New York after the
passage of the Foraker act, providing for a
duty upon goods shipped from the United
States into Porto Rico and also on those
shipped from Porto Rico to the United
States. In this case the court held that
such exaction was legal and constitutional
The point of the two opinions considered
together is that Porto Rico was never after
the acquisition Of that island foreign terri
tory; that until Congress acted upon the
question duty could be collected. but
that soon as Congress outlined method
of controlling the islands revenues that
action became binding: in other words, that
Congress has power under the Constitu-
ton to prescribe the manner of collecting
the revenues of the country's insular pos
sessions, and has the right to lay a duty
on goods imported into our insular pos
he nj a6S tat or Yn ted
from tlem into the United States. 1t holds
in brief that for taxation purposes they
not part Of the United States to the
extent that goods shipped between their
ports and the United States are entitled
to the same treatment as though they were
shipped between New York and New Or
leans.
Opinion Delivered by Justice Brown.
Justice Brown delivered the opinion in
the Downes as we'll as the De Lima case.
In the Downes case, four of the nine mem
bers of the court united in an opinion
characterzng in strong language the opin-
ion Of the majority in that case. In this
opposing opinion the chief justice and JUS
tees Harlan, Brewer and Peckham united,
and the chief justice and Justice Harlan
presented their views In written form. JUS
tees Gray, Shras, White and Mckenna
also, while agreeing with the conclusion
announced by Justice Brown, announced
that they had reached the conclusion by
different lines of argument, and Justices
Gray, White and Mckenna announced opin-
ions outlining their respective positions.
Justices Shiras White and Mckenna also
dissented in the De Lima case uniting in
an opinion. Justice Gray also presented an
independent and dissenting opinion in that
case.
Explanation of the Solicitor General.
Solicitor General Richards of the De-
partment Of Justice who had charge Of the
insular cases before the Supreme Court,
has made the following statement contain
ing his Interpretation of the decisions Of
the court:
1.-THE important question involved in these
cases was whether the cession of territory
contained In the treaty of Paris made Por-
to Rico and the Philippines an integral
part of the United States within the mean
ing of that provision Of the Constitution re-
quiring all duties, imposts and excuses to
be uniform throughout the United States
The court held that the cession simply
made Porto Rico and the Philippines do
nestle territory of the United States sub
ject to the full control Of Congress, which
control could be exercised without refer
ence to those limitations. This Limitation
the court held was intended to apply to the
states of the Union, and does not apply to
acquired territory. unless by treaty and by
rated within and becomes an integral part
of the United States. The decisions are
substantially victory for the government.
They sustain to the fullest extent the So
called insular policy of the administration.
The government now has the sanction Of
the Supreme Court for governing these is
lands as their needs require. The court
holds that the Constitution did not Of it's
own force at once apply to those ceded ter
ritories, placing their people, their products
and their ports on an immediate equality
with ours and comforting upon them all the
rights. privileges and immunities enjoyed
by the people, products and ports of the
several states. While their fundamental
rights are preserved by those underlying
principles Of the Constitution which apply
everywhere the status Of their citizens and
the nature Of the customs and CONNER
cial regulations are to be determined
by Congress in the exercise of the power
vested by the Constitution in Congress
to make all needful rules and regula-
lions respecting territory belonging to the
Unit ed States. Obviously what have said
regarding Porto Rico applies equally well
to the Philippines, SO that the President is
perfectly free under the Spooner act to
govern the Philippines as their needs and
our needs may require.
"At the same time that the court has
| sustained to the fullest extent the conten-
ton Of the government in these cases it
has decided as a matter of statutory con-
struction that the Dingiey act could not be