The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1901-05-31
General Attitude and Policy Of
Government Up to the Pres
ent Time Is Upheld.
Constitutionality of the Foraker
Act Affirmed and Gives Con-
gress Power to Govern.
In Delima Case, Involving Collection OF
Duties on Porto Rican Sugars, Do.
cisioa Is Against Government.
on;n,on Delivered 10y Justice Brown
justices Mckenno, SIliras a"u
White in Dissenting opinion.

Washington, May 2s.-The United
States supreme court Monday handed
down opinions covering all OF the Is
sues on the new insular possessions
which have been in controversy. Al
though several of the decisions upheld
the contestants ON certain issues
raised, vet in the most important de-
cision, that of Downs against BID
we'll, Justice Brown announced 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 con-
firm the constitutionality of the For
al er act and to give congress power 10
deal with the newly-acqulred territory
in such manner as the legislative
branch may consider suitable for the
new territory. The decision also had
the effect of declaring that the new
insular possessions do not by virtue OF
the treaty of cession acquire all the
PRIVILEGES and rights of the constitu-
ton.
Delivered by Judge Brown.
Washington, May rs. - Justice
Brown, of the United States supreme
court, Monday announced the decl-
sion of that court in the lnsular
cases. The announcement of the
courts opinion was begun ut 1927.
The main opinion was handed down
in the Delima case. Justice Brown
first announced the courts decision
on point of jurisdiction, holding that
the court had jurisdiction.
The Point at Issue.
The Delima case involved the i'm
| nortation of goods into the United
States from Porto Rico after the ratl-
fication of the treaty of Paris and
before the passage of the Porto Rlcan
act.
Delima & Co., doing bus iness in
New York, imported from San Juan,
Porto Rico, during the months OF
June and July, 1899, certain SUGARS
the product of Porto Rico. Upon
these sugars the collector at New
York demanded and collected about
$4,000 as customs duties.
Delima g. Co. sued Bidwell the col
1ector, as an individual, in the SUI
| preme court of the state OF New
York. to recover back the duties thus
Maid. amounting in all to $13,145, al
| leging that they were unlawtuliy de-
1nanded, in violation of the consti-
tuition and collected by duress, the
collecto or exacting the payment of the
duties as a condition to the delivery
of the sugars. On the petition OF the
| collector the suit was removed to the
circuit court of the United States for
the Southern district of New York,
| which sustained demurrer to the
complaint, both on the ground that
no cause for action was stated and
that the court had no jurisdiction
From the Judgment Diminishing the
complaint Delima & Co. prosecute er-
TOR from this court.
Not both Foreign md Domestic.
Justice Brown said that whether
the sugar imported from or into
Porto Rico were dutiable depends
upon whether Porto Rico is for
cicn country. He held that the right
to acquire territory involves the
right to govern and control it by con-
gress, but he said that a country
| could not be both foreign and do
nestle.
Governments Position Opposed.
The opinion was opposed to the
contention of the government. he
concluded that at the time the du-
ties were collected Porto Rico was a
territory and not a foreign country,
but territory of the United States.
| Conclusion of Opinion.
Justice Brown concluded as fol-
lows:
.If on act of congress be necessary to
| convert foreign country into domestic
territory, the question at once susseses
| itself. what is the character of the legis-
iatton demanded for this purpose? Will all
act appropriating money for Its purchase
be sufficient? Apparently not. VIII an
act appropriating the duties collected upon
imports to and from such country for the
benefit of its government oe sunclen.
Apparently not. Will acts making appro'
priations for its postal service for the es'
Establishment of lighthouses. for the main
| tenance of quarantine stations, lot erect
ing public buildings, have that erect
| Will an act establishing complete loca
| government, but with the reservation OF
a right to collect duties upon commerce DC
! ADEQUATE for that purpose? None of these
nor all together. will be sufficient, If the
! contention of the government be sound
since acts embracing all these provisions
have been passed in connection with Ports
Rico. and it is insisted that 1t is stu a
| foreign country within the meaning of the
| tarift laws We are unable to acQuiesce ir
this assumption that territory may be
at the same time both foreign and domes'
| tic.
I'VE are therefore of opinion that at the
| time these duties were levied Porto Nlcc
| was not a foreign country within the mean
/ azex la riff Ia hui territory o1