Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1901-05-28
=AIEYANDRTA GAZETTE AND VIRGINIA ADVERTISER,

,uch o way that the Downes case, In
whichithe most important decision was
made. came late In the day, and mean
while decisions we're rendered reached
BIZ majority vote which were ags'ns1
the contention Of the government tnat
the Dingley tariff could be collected on
Porto Rico imports before the FORAKER
act was passed. These opinions. wnicn
were also prepared and read by Justice
Brown. are very confusing. Justice
White, 10 dissenting in the Dooiey case
announced that the Court would 10 the
pownes case reverse itself, and hold
that Congress had power to impose o
special tariff on imports from Porto
Rico as though 1t were foreign coun-
try, after deciding in the Dooley ana
Ia Lima cases that it was not foreign
territory, but part OF the United States
and. therefore, not subject to the Ding
lev rates on its exports coming into the
United States. The opinion is singular In
this: 1t disappoints all. and they are'
apparently. majority OF the people,
who condemned the tariff levied by
Congress on Porto Rico. Congress. the
court sage, has plenary power with re-
gard to the territories, and this tariff is
constitutional. The dissenting justices
contend that IL is an inconsistency
to say that the Porto Ricans can
not be taxed while awaiting recognition
by Congress, and can be ss soon as they
are recognized, in spite ofths constitu'
tional provision as to uniform taxation.
The commercial privileges granted
to Spain under the Paris treaty
are clearly illegal, according to this de-
oision, and 1t will be the duty OF Con-
gress, ss soon as It's meets to abolish
them. This will give rise to some
nice points OF diplomacy. and suggests
perhaps, q quid pro q1o. Congress is
made the supreme ruler OF the territor'
tories, and the court candidly admits
that 1t cannot lay down any rule con-
corning the length OF that control, not
even were it to last hundred years.
Decisions subject to two different
and Numerically opposite construc
tiops will be taken for what they are
worth. Meanwhile the Mckinley sd
ministration will continue to oollec'
the Foraker Payne duties which woulc
have been illegal when the Constitu
ton prevailed In Porto Rico, but In
stantly became legal when Congress
the creature of the Constitution, pro
ceeded to repeal that instrument 30 fal
as It was applicable to Porto Rico.
John K Richards, Solicitor General OF thu
| Department Of Justice, says: THE decision
su stains TO the fullest extent the insulsr pol
| lev of the administration. The government
/ now has the sanction OF the Supreme Cour
| for governing these islands as their needs re
ouire. The court holds that the constitution
did not Of its own force at once apply 70 tnes'
ccded territories, placing their people, thei
products, and their ports on an immediate
equality with ours, and comforting upon then
Ali the rights, privileges. and immunit'es en-
Loved by the people, the products, and tn
ports Of tho several States. While thei
l Fundamental rights are preserved by tnos
Underlying principles Of the constitution
which apply everywh the status OF thei
citizsns and the nature Of the customs ant
commercial regulations applicable are to b
determined by Congress under the e1ercls
of that power vested by the constitution u
Congress to pass all needful rules and reg1la
tons for the government Of the territory d
longing to the United States"