The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1901-05-30
ARE FOREIGN LANDS
Supreme Court Defines Status OF
Our Island Possessions.
RELATES TO TAXING PURPOSES
Constitution and Flag Do Not Go To-
gether, Says Decision-Con.
gress May Dictate-Four
Justices Dissent.

The United States supreme court
Monday handed down opinions cover
ing all Of the issues on the new insu-
lar possessions whic.- have been in
controversy.
Although several of the decisions
upheld the contestants on certain is
sues raised, yet the most important
decision, that of Downes against Bid
we'll, Justice Brown announces the
sweeping decision of the court uphold
ing the general attitude and policy OF
the government up to the present
time.
The effect of this decision is to af-
firm the constitutionality of the For
aker act and to give congress power
to deal with a newly acquired terri
tory in such manner as the legislative
branch may consider suitable for the
new territory The declaration also
has the effect of declaring that the
new insular possessions do not by Wiz
tue of the treaty of cession acquire
all the privileges and rights OF the
constitution.
OF the several cases decided Mon
day the two which attracted the great
est share of attention from the court
we're what is known as the De Lima
case and that known as the Downes
case, and of those two the opinion in
the Downes case is considered the
most far reaching, as it affects the
future. whereas the De Lima case
dealt with a transitional phase OF our
insular relations.
What De Lima Case involved.
The De Lima case involved the pow
er of the government to collect duty
on goods imported into the United
States from Porto Rico after the ratl-
fication of the treaty Of Paris and be-
fore the passage Of the Porto Rican
act. The court said the governments
contention in this case was substan-
TALLY a claim that Porto Rico Is for
eign territory. The entire case turn
ed upon that contention. The court
held that the position was not well
taken; that Porto Rico was not at
the time foreign territory, and that
therefore the duty which had been
collected must be returned.
The decision in the Downes case fol-
lowed the history Of the dealings OF
the government of United States with
Porto Rico a step further. That case
dealt with the legality Of The exactlon
Of duties on goods imported from
Porto Rico into New York after the
passage of the Foraker act, providing
for a duty on goods shipped from the
United States into Porto Rico, and
also on those shipped from Porto Rico
to the United States. In this case
the court held that such exact1on was
legal and constitutional.
The point of the two opinions con-
sidered collectively is that Porto Rico
was never after the acquisition OF
that island foreign territory; that un-
til congress acted upon the question
no duty could be collected, but that
as soon as congress outlined method
of controlling the islands revenues,
that acton became binding; in other
words, that congress has power un-
der the constitution to prescribe the
manner Of collecting the revenues OF
the country's insular possessions, and
has the right to lay duty on goods
imported into our insular possessions
from the United States, or exported
from them into the United States. 1t
holds, in brief, that for taxation pur-
poses, they are not part of the Uni
ted States to the extent that goods
shipped between their ports and the
United States are not entitled to the
same treatment as though they were
shipped between New York and New
Orleans.
Dissenting Opinions.
The chief dissenting opinion in the
DowneS case was announced Dy CnleI
Justice Fuller, Justices Harlan, Brew
er and Peckham joining in the dissent.
He said the majority, though widely
differing in their reasoning, seemed to
concur in the view that Porto Rico be-
longs to the United States, but never
theless is not part of the United
States, subject to the provisions Of the
constitution in respect to taxes.
Justice Harlan said: I'm my opin-
ion congress has no existence and can
exercise no authority outside OF the
constitution. The idea that this coun-
try may acquire territories anywhere
upon the earth by conquest or treaty
and hold them as mere colonies or
provinces, is wholly inconsistent with
the spirit and genius as with the words
of the constitution. 1t will be an evil
day for American liberty if the theory
of a government outside Of the su-
preme law of the land finds lodgment
in our constitutional jurisprudence"