Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1901-05-28
Tuesday EVENING. MAY %. 1901.

a., dacjsions In the insular cases, mauo
a two fold ruling, though the court SUD-
staptially sustained the governments
chist claim 10 the Porto Rico cases, de-
olarine that Porto Rico lie territory DE
longing to the U nited States. but not
mart OF the United States within the
revenue clause of the Constitution"
The Foraker act is declared "constisu'
tional. go far as 1t imposes duties upon
imports from Porto Rico." Inferentisi-
~. the same doctrine applies to the
philippines, although the court did not
hand down a decision In the Philippine
cases. The court throws sop
70 Cerberus BY deciding an unim-
nortant case 10 favor OF the Porto
Ric.ps. but 10 their game OF chess
only gives q pawn to gain o queen
Tn the De Lima case it was held
that Il deals with the transitional stage,
and the majority opinion was to the ef'
feet that territory acquired by the
United States Is part OF the United
States and not foreign territory. The
court decided that import duties upon
goods from that island could not be
levied at that time. This decision was
against the government. In the
Downes case, dealing with the legality
OF the exaction OF duties on goods sent
from Porto Rico to New York after the
massage of the Foraker act, IL was held
that these exactions were coDstitu-
tional. This decision was In favor OF
the government. In effect, yesterdays
majority opinions mean that Congress
has power under the Constitution to
prescribe the manner of collecting the
revenues OF the country's insular pos
sessions and hes right to ley duty
on goods imported from this country
into them. For taxation purposes the
insulsr ports are not as much part OF
the United States as is New Orleans In
dealing with New York. The decision
seems involved and contradictory even
after the most careful reading. The
islands are held to be domestic" aeS
not "foreign" territory. and yet not q
part OF the United States. They spper'
tain to the United States. The Consti'
tuition, the court decides. only follows
the flag to the extent that Congress
shall permit. The islands are In the
United States 10 so far that they are
subject to the authority OF Congress;
but not 10 so far that their inhabitants
have become citizens of the country,
entitled to the equal protection OF the
laws. In other words, they are colonies
as distinguished from territories. For
tariff purposes they are held, though
domestic territory, to be without the
male OF the Constitution, which estab-
fishes free trade between the States
and forbids the levy OF export
duties. Owing to the number OF cases
decided and the numbar OF opinions
and dissenting opinion read, there was
the greatest doubt In the minds OF the
hearers as to the full effect OF the de-
cisions; but careful study ofthe words
of the justices shows that so far as the
important issues involved In the insular
cases are concerned the administration
wins victory. The President and the
Cabinet officers are elated over the VIC
tory, although they have never doubt
ed that the decision would be In favor
ofthe government, nor had any one else
who had watched the current OF events.
The opinion OF the court as delivered
by Justice Brown gives Congress au-
thority to leeislate for the Philippines,
Porto Rico, Hawaii, Guam or any of
the possessions that may be annexed
hereafter as 1t deems best In the In
terest of the people of the territories
and the interest of the United States.
In other words, while territory an
nexed becomes domestic territory by
the act OF annexation, Congress has
power to make provision different from
the revenue laws as they govern the
States. The decision of Justice Brown
distinguished between the United States
as regards lite relations to foreign coun.
tries and the United States as regards
that portion OF it comprised of or
ganizsd states; provided, however, that
the inalienable rights of foreign terri
tory and such other rights as are neces-
sary Accomplishments to q civilized
government are granted under the
laws. The Court virtuslly holds that
Porto Rico became American territory
and came under the Jurisdiction of the
Constitution on its cession to the
United States by Spain; but that the
Constitution ceased to be operative and
was excluded from the island on and
after the passage Of the Foraker awe
tariff act. According to the Court, it was
illegal and unconstitutional for Che Gov.
eminent to impose and collect import
duties on goods from Porto Rico enter.
ing mainland ports between the time
when the treaty Of Paris was ratified
and the passage of the Foraker Payn,
act; and such duties are ordered re