Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1901-05-31
SUPREME COURT DECISIONS.

The United States Supreme Court or
Monday handed down is opinions in the
Porto Rican cases dealing with the right o
the Government 10 impose tariff duties.
In the De Lima case It was held that 4
deals with the transitional stage, and thu
majority opinion was 10 the effect that terri
tory acquired by the United States is par
OF the United States and not a foreign terri
tory. The Court decided that import duties
upon goods from that island could not bt
levied at that time.
This decision was against the Govern
ment.
In the Downes case, dealing with the le.
gality Of the exaction OF duties on goods
sent from Porto Rico TO New York after the
passage Of the Foraker act, ii was held thai
these exactions were constitutional.
This decision was in favor OF the Govern
ment.
The Chief Justice dissented from the
above opinion, holding that the source oil
naaional power In this country is the Con.
sttution, and the Government, as 70 our in.
ternal affairs, possesses no inherent sove.
reign power not derived from that instru-
ment, and inconsistent with It's spirit.
In concurring with the Chief Justice
Justice Harlan held that Congress has no
authority outside Of the Constitution which
created it.
In effect the majority opinions mean that
Congress has power under the Constitution
10 prescribe the manner Of collecting the
revenues Of the country's insular possess
ions and has right TO lay duty on goods
imported from this country into them. For
taxation purposes the insular ports are not
as much a part Of the United States as Is
New Orleans in dealing with New York.
A dispatch from Washington, dated May
81, says: An extra session OF Congress Is
possible as result Of the decisions Of the
Supreme Court to-day, though 1t is not con-
sldered probable by Senators and Represen.
tatives who are now here.
The effect Of the decisions is TO open up
the ports Of the United States to the free
importation of all the products of the Philip
pines until such time as Congress shall en-
act law prescribing the duties to be as
sessed. Up TO this time the full Dingley
duties have been collected on all imports
from the Philippines. Now that the barrier
has been thrown down, 1t is expected that
there will be an immediate increase in the
importations from the islands Philippine
sugars, tobaccos, hemp and all other goods
produced In the islands will be hurried
across the Pacific as fast as possible with a
view TO getting them inside the tariff barrier
before Congress can put the bars up again
The effect of this will be not only to bring
the goods Of the Philippines into direct com.
petition with similar goods produced in the
United States, which is contrary TO the
policy of protection, but it will result In an
appreciable reduction 10 the revenues OF the
Government as well.
The impression here tonight is that con-
ditions will not he 30 serious as " warrant
the calling Of an extra session. Secretary
of the Treasury Gage said he did not think
ii would be necessary 10 call Congress to
gether. Senator Lodge also said he die not
think an extra session would be necessary
1t may be possible TO accomplish nearly the
same effect from a protective point OF view
by the imposition of an export duty on
goods leaving the Philippines equivalent to
the Dingley duties.