The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-28

ers Of a territorial legislature. such re-
Strictions cease to operate the moment
sucn territory is admitted as a state
BY parity of reasoning. a country ceases
TO be foreign the instant II becomes do
nestle. So, too, II congress sees ~ to
cede one Of its newly acquired territories
(eVen assuming that II had the right to
90 so to foreign power there could
be no doubt that from the day of such
cesston and the delivery of possession
such territory would become a foreign
country and be reinstated as such under
tho tariff laws. Certainly no act Of con-
greSs would be necessary In such case TO
declare that the laws of the United
States had ceased to apply to H.
AN UNTENAHLE THEORY.
Tine theory that a country remains
foreign with respect to the tariff lows
until congress has acted by embrac aap~It
that country may be domestic for one
purpose and foreign for another II may
undoubtedly become necessary for the
adequate administration of a domestic
territory to pass a special act providing
the proper machinery and officers as the
president would have no authority ex-
cept under the war power, to administer
. IL himself, but no act Is necessary to
make 1t domestic territory II once il had
been coded to the United States We ex-
press no opinion as to whether congress
Is bound to appropriate the money to
pay Tor 1t. This has been much dis
cussed by writer's upon constitutional
law, but It is not necessary TO consider
In this case, as congress made prompt
appropriation or the money stipulated in
the treaty. This theory also proposes
that territory may be held indefinitely
by the United States; that II may be
treated in every particular, except for
tariff purposes, as domestic territory;
that laws may be enacted and enforced
by officers Of the United States sent
there FOR that purpose; that insurrccttUns
may be suppressed, war carried on, reVe-
sod.
that everything may be done which
government can do within its own bOun-
dartes, and yet that the territory NAV
still remain q foreign country; that this
state Of things may continue for years
century, even, but that until congress
enacts otherwise it still remains foreign
country. TO hold that this can be done
as matter Of law, we deem il 20 be pure
judicial legislation. We find no warrant
for it in the constitution or in the DOW
ers conferred upon this court. IT Is true
the non-action Of congress may occasion
a temporary inconvenience; but IL does
not follow that courts Of justice are
authorized to remedy by inverting the
ordinary meaning Of words
IF an act of congress be necessary to
convert foreign country into domestic
territory, the question at once suggests
itself, what Is the character Of the leg
lslation demanded for this purpose2 VIII
an act apprOpriatinB money for its pUr-
chase be sufficient? Apparently not. WIN
an act apprOpriating the duties collected
upon imports to and from such country
for the benefit Of it's government be suf-
hclent? Apparently not. VIII acts maxi
ing appropriations for its postal service,
for the establishment of light houses,
for the maintenance OF quarantine sta
tionS for erecting public buildings have
that effect? VIII an act establishing
complete local government, but with the
reservation Of right to collect duties
upon commerce be adequate for that
purpose? None Of these, nor all to-
gether, will be sufficient If the contention
Of the government be sound since acts
embracing all these provisions have been
passed In connection with Porto Rico,
and it Is insisted that 1t is still a foreign
country within the meaning Of the tariff
laws, we are unable to acquiesce I'm this
assumption that a territory may be at
the same time both foreign and domestic
"A single further point remains to be
considered:
1T is insisted that an act of congress,
passed March "a 1900 (31 Stat 15l1 appIy-
Ing for the benefit Of Porto Rico the
amount Of customs revenue received on
importatiOns by the United States from
Porto Rico since the evacuation Of Porto
Rico by the Spanish forces Oct. IS, 1893
to Jan. l, 1900 together with any fur
ther customs revenues collected on impor-
tations from Porto Rico since Jan l. 1900
or that shall hereafter be collected under
existing law Is a recognition by congress
Of the right to collect such duties az
upon importatiOns from a foreign coun-
try, and recognition Of the fact that
country until congress embraced It with
In customs union. IT may be seriously
questioned whether this is anything more
than recognition Of the fact that there
were moneys In the territories not sub
tect to existing appropriation law. Per-
haps we may go farther and say that 40
far as these duties were paid, voluntarily
and without protest. the legality Of the
payment was intended to be recognized;
but 1T can clearly have no retroactive Of
feet as to moneys heretofore paid under
protest for which an action 10 recover
back had already been brought As the
action In this case was brought March
f3. 1900. eleven days before the act WAC
passed. the right TO recover the money
sued for could not be taken away by a
subsequent act Of congress. plaintiffs
sue In assunpsit for money which tho
collector has In his hands. Justly and
equitably belonging TO them. To say
that congress could by a subsequent act
deprive them OF the right TO prosecute
this action. would be beyond It's power.
In any event It should not be interpreted
so as to make It retroactive.
1--WE are therefore Of the opinion that
at the time these duties were levied
Porto Rico was not foreign country
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