BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1901-06-05
Porto Rico In Supreme Court.
Gist OF Decision AS Delivered
BY Justice Brown.

In the course of his reasoning on the
manner Of the acquisition of Porto Rico
Justice Brown in announcing the majority
opinion of the court held that congress has
authority 10 control such territory. "In
de d it isl he said, scarcely too much to
say that there has not been a session OF
congress since the territory of Louisiana
was purchased that that body has not enact
ed legislation based upon the assumed au-
thority to govern and control the territory.
1t is an authority which arises, not neces-
sarly from the territorial clauses of the
constitution, but from the necessities of the
case and from the inability Of the states to
act upon ihe subject.
Under that power congress may deal
with territory acquired by treatrl; may ad
minister its government as it does that of
the District of Columba; it may organize
a local territorial government; it may ad-
nit it as a state upon equally with other
states; it may sell its public o,cnings to
individual citizens or may donate them as
homcsteadS to actual settlers. In short,
when once acquired by treaty it belongs to
the United States and is subject to the dis.
position of congress-"
''Territory thus acquired can remain a
foreign couutry under the tariff laws only
on one Of two theories either that the word
= foreign applies to such countries as we're
/ foreign at the time The statute was enacted
notwithsta nding any subsequent change in
/ their condition, or that they remain foreig0
under the tariff la1cs until congress has
/ formally embraced them within the customs
nnion of the states"
i cite first theory is obviously untenable
/ While a statute is presumed to speak from
/ the time of its enactment, it embraces wha
such persons or things as subsequently fal
within its scope and ceases to apply to Sucf
as thereafter fall within its scope.
" The theory that q country remain'
foreign vita respect to the tariff laws unit
congress had acted by embracing it withir
the customs union preSuppOSeS that coun
try may be domestic for one purpose ant
foreign for another 1t may undoubtedl,
become necessary for the adequate admi-
niStration of domestic territory to pass
special act providing the proper machiner.
and afliCerS, as the President would have
no authority except under the war powe
to administer it himself: but no act is neces
saTy to make it domestic tOrrltoTy If once
it has been ceded to the United States
We express no opinion as to whether con-
greSS is bound to appropriate the money Il
pay for it,
" That theory also presupposes that ter
ritory may be held indefiitely by the Unitet
States; that it may be treated IN every par
ticular, except for tariff purposes, as DO
mestict territory; that laws may be enacted
and enforced by officers of The United States
sent there for that purpose
Justice Brown also announced the opinion
Of the court in the case of Dooley vs. th,
[ nted States involving the validity of 1
duty levied on goods imported into Porte
/ Rico the United States between tie dat,
of Military occupation and the taking effec
of the Porto Rlcan tariff act.
The court held that there could be M
doubt of the validity of the duties leviet
by virtue Of Gen. AlileS'S order prior to tn,
ratification OF tile treaty of peace. 1t place,
that right on the ground OF military neceS-
sity.
With reference to duties levied after th,
ratification Of the peace treaty the cOur
said different rule applied, and it bel,
those duties invalid