The Brunswick times-call., 1901-06-09

/, in his opinion, are the views urged b
7 the republican members of congress il
! the debates over the enactment of tn,
Foraker law, and represent the view
of the republican administration
Chief Justice Fuller, in his opinion il
this case, speaking of the right of con
gress to levy the Porto Rican tariff
says: "If this can be done, it is because
the power Of congress over all the ter
ritories is not restricted by the consti
tuition. This was the position assumed
by the Attorney with candol
and ability that did him great credit
1t is more important, however, tc
note the fact that while four of the
| Justices concur in the conclusions
reached by Justice Brown, and affirm
the constitutionolity of the revenue
clause of the Foraker law, they do not
all concur in the reasons of Justice
Brown, but, in their opinion, as pro-
nouneed by Justice White, they repu-
diate in toto his arguments and rea-
sons. These four justices, o-wit
White, Shiras, McKenna aud Gray,
uphold the constitutionality of the rev.
enue clause of the Foraker law upon
the sole ground, as stated by them, that
the president and the senate, who con-
stitute the treaty making power of the
government, have no power to annex
any territory to the Uuited States.
They hold that the actual annexation
of territory, or rather, it's actual incor
poration into the United Statos, is not
complete until congress has enaated a
law making the annexation. This is
the same view urged by the minority
of the court in the DeEima case, and to
which Justice Brown dissented.
Holding this view, they maintain
that no act of congress having been
passed formally annexing or incorpo
rating Porto Rico, it is, therefore, not
a part.of the United States, and the
constitution does not apply to it.
They hold, however, that although
Porto Rioo is no part Of the United
States, congress. nevertheless. has
power to govern IL, and practically to
do SO for an indefinite perioe, or until
suoh time as congress determine to
make It part Of the United States,
which opinion in it-ssffeot is fully as
disastrous to all our pre- conceived
opinions of the power of onRrsss as is
the opinion of Justice Brown.
The answer to it is given by Chief
Justice Fuller, who quotes the tenth
amendment to the constitution. esding
1.-THE powers not delegated to the
United States by the constitution, nor
prohibited by it to the states, are re
served to the states respectively or to
the people," making 1t clear that the
power Of congress to govern any terri,
tory or any people outside OF the oon-
stitution not being given, ia by this
tenth amendment speo!fclllg with
held.
Justice White takes occasion N his
opinion, however, to announce thai,
where territory Is atoually annexed.
the constitution is supreme in that
territory, and admits that the constitu-
tion does follow the flag
he announces in specific terms the
disagreement Of himself and the otheI
Justices conourring with bin in the
reasons and arguments OF Justlct
Brown.
The four remaining justicss, to-wit
Chief Justice Fuller, Justices Harlan
Brewer and Peckhsm, dissent from the
opinions pronounced by both Justice
Brown ana JustIce White. Thsy no
in emphatic and foroeful language thai
the reve us clause of tie Foraker law
is unconstitutional. they hold tha
the annexation Of Porto Rico by the
president and senate is complete, ant