The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-06-07
MR.. BOUTELL's FEARS.
Refund of Duties May BE Necessary If
Congress Does Not Act.

Congress Does Not Act.
Special TO the Indianapolis Journal
WASHINGTON. June 6.-Representative
Boutell, of Chicago, who is in Washington.
says that if civil government is established
in the Philippines on July /, as is now con-
templated, without a call for an extra
session of Congress to enact some measure
prescribing a specific schedule of tariff
rates all duties collected on merchandise
from the archipelago between the first of
next month and the date upon which Con-
gress finally passes such an act must be
refunded.
II see no other way out of the dilemma"
said Mr.. Boutell this afternoon, "unless the
President is satisfied that all goods coming
into the country from the islands during
that period shall enter free OF duty. No
other inference than that can be drawn
from the recent Porto Rican decision. In
my opinion ii will be held that if civil gov
ernment is established in the islands with
out specifying any particular rates OF
duty, goods from there will not be held To
have come from a foreign country, just as
the goods coming from Porto Rico under
the Dingley law were held to be nonta xable.
Congress must act as soon as civil govern
ment is inaugurated, otherwise the Nation
will lose all the money collected upon
imports from the Philippines from the time
such government is established up TO the
time when the necessary law is passed.
Upon reassembling in December the Senate
and House will no doubt Immediately set
to work upon measure prescribing tariff
rates for the islands. This will settle the
whole subject.
There is one feature of this whole mat
ter which has. in my Judgment. thus far
escaped general attention by those who
are inclined TO criticise the recent decision
of the Supreme Court. Mr. Bryan and his
followers, perceive, are claiming that Con-
gress has been given the power to legislate
provisions of the Constitution as applied TO
the States. Mr.. Bryan, however, loses
sight of the fact that there is no injunction
upon Congress TO legislate contrary TO the
provisions of that Constitution. While the
Constitution does not necessarily follow
the flag, the decision does not hold that il
devolves upon Congress to ignore that in
strument, and while, within it's discretion
ii may, if ii chooses, legislate without full
direction from the Constitution, there is
nothing obligatory resting on the national
legislature 10 force is 10 brush the Consti-
tuition aside and legisate arbitrarily. On
the contrary | believe that when Congress
passes law establishing permanent gov
ernment for the Philippines ii will be guided
largely by the Constitution, and that al
though there remains the decision that IT
may enact any law IL chooses in the prem
ises il will be actuated by truly philan-
thropic and charitable motives and frame
a law creating a government as closely
as possible along the lines of our own.
The Supreme Court decision does not COM
pei Congress to ignore the Constitution
therefore IL simply gives that body. the
direct representatives of the people. the
power 10 exercise It's discretion The result
OF it's work will without doubt rebound
to the benefit of all concerned. If IL is seen
that the provisions OF our Constitution can
cquitably fit the Philippine situation then
Congress will not be restrained from apply
ing them. On the other hand if the in
terests OF both peoples demand a different
shade OF legislation, then Congress out of
pure philanthropy. can legislate eccordin;
TO the circumsta tances For instance take
our war revenue tax law, a measure which
is still effective in this country. Can you
imagine any action more grotesque--if IL
were not serious question-that the i'm
position of those taxes upon the people of
Porto Rico-the inhabitants of an Island
Tor the purpose OF whose acquisition the
law was enacted In this country? Congress-
/ repeat, may not apply our Constitution
to the Philippines, but IL Is not prohibited
from doing so II IL sees ft.
II am sorry TO see that there is such a
general dislnclination 10 favor an extraor-
binary session OF Congress at this mo-
mentous time. There seems 70 be a dis
position on the part Of some TO do every