Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-05-28
THE PORTO RICAN DECISIONS

The press reports Of the decisions rem
dered by the Supreme Court Of the
United States. In the cases affecting the
relations Of the government with Porto
Rico, we're at first somewhat confusing
10 the public mind. The opinion In the
De Lima case seemed to conflict direct.
y with that in the Downes case. The
first caused some eastern editors to pro-
claim in ilarlng headlines, "The Consu-
tuition Follows the Flag The second
aroused others to announce 1.-THE Con-
stitution Does Not Follow the Flag
One was against the government and
the other IN lis support, apparently on
the same grounds. But fuller reports
and careful reading show that the two
decisions are compatible with each 9TH
en- and are both sustained by cogent
reasoning.
The seeming discrepancy was caused
by the difference in the situation at
different dates, When the customs du.
ties were levied and collected in the De
Lima case, The United States had OBJ
talned possession Of Porto Rico by the
treaty Of Paris, No legislation by
Congress had been enacted as to the
government Of the island. II was under
the provision of the Constitution con-
corning imports. It was not foreign
territory, and therefore the tariff tax
on the goods then imported from Porto
Fico into New York, was not legal
and the amount collected therefor must
be returned. But when the duty was
imposed In the Downes case. Congress
had leglslated in reference to the ISL
ana and the Foraker act was In force.
which the court pronounces constitu-
tonal and therefore in this instance
The government wins.
There is a division in the court in
reference to both decisions. Happily
me opinions are not on party lines
When judges disagree on principle IL is
imply an exempllhcallon Of the adage.
Many men, many minds" and shows
nat iallibility Is the common LOT Of
nortals. Doctors differ lawyers hon
stIy contend (sometimes). and why NOT
udses' But when party lines are
'a"n on the Supreme bench fl "a a
ouree OF deep regret to patriots. and
NAT respect for the higher courts that
desirable Is somewhat impaired.
Inc present status OF Porto Rico
SENS to be that Of United States pro.
cry IL Is under the control Of Con.
ress' which may dispose OF and mako
u needful rules and regulations re-.
'ectlns 1t. This is in line with the doc.
me mat the Constitution is for tha
o'eihment benefit and protection NJ
'e sovereign States which form The fed.
Ia Union and under which thew arc
j equal But that the territories ana
SESSIONS OF the nation are under the
'''0, jurisdiction Of the Congress. and |
'9'elore duties may be imposed In re-
renee to them that would not be yali5 !
7 " alher OF the States. which are
'sula'ed by the Constitution.
me differing views of tho learned
l0ses viii be Of interest to an stu5onts |
! constitutional law, and are dcserv. !
p ~ close examination. They win be |
esaIued as right or wrong according |
: 'ne Oeht Of different minds on the |
IMPORTANT questions involved Wbatsver |
'ay Dc the preponderance OF public |
, Z 1t must not be forgotten that |
l' court having the last guess has /
'ovued the matter for AN practical |
'I =, and that decision Is the law
-, ~ .uOu'o be observed that. while hold. |
IS 10 me absolute power Of Congress- |
:, wv 'ne territories and possessions O,
,'9 United States. The court recognize,
~ ''sh's Of the people thereon to me !
~ ana property ana to be pro.
, ,e'sa 'nerein under the spirit of the
IN, institution am the institutions Of our
, ,.ru',g and that they cannot be- de-. |
,c,', !, o. those rights by arbitrary |
49,. '.e are many knotty points in the
.s,' ss under consideration which are nm. |
-'e''.a IN the decision, ana the opin- |
,.S 7, tae judges pro and con. are wor.
49,. =, =. elose scrutiny by an people in. |
~ ,', yea IN the form Of government un- |
=, w.. winch we live, and IN the instru. |
- - !. ,iom which every branch and Of |
wv nereof derives legitimate author |