Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-06-03
Uncertain If Spooner Amendment
Covers Tariff in Their Cases.
NAY Be AN EXTRA SESSION
Matter Being Examined by the
Attorney General.
X L Y TO TIL E G. A z

There Is a wide diversion of opinion
among officials of the administration and
members OF Congress who have thus far
expressed their sentiments touching the
necessity for extra session of Congress
to frame Philippines tariff. The question
involves the power vested in the President
by the SpoOner amendment dealing with
the Philippines.
The Spooner amendment to the army ap-
preparation bill. adopted In the closing
hours of the last Congress- provided as
follows:
'AIl military, civil and judicial powers
necessary to govern the Philippine Islands
shall. until otherwise provided by Con-
gress. be vested in such person and persons
and shall be exercised in such manner as
the President of the United States shall
direct for the establishment of civil gov
ernment and for maintaining and protect
ing the inhabitants of said islands in the
fres enjoyment OF their liberty. property
and religion
Scope of the Amendment.
1t Is claimed on the hand that under
this broad and sweeping delegation CT
power from the legislative branch Of the
government the executive may perform the
functions of the legislative branch III the
premises, to wit, the establishment of Gus
toms duties. This proposition is contro-
Terted by others At this moment the
chief law officer of the government the
Attorney General. is preparing an opinion
FOR the President and the cabinet as to the
adequacy of the Spooner amendment 1t is
expected that the opinion will be ready
tomorrow and that upon its receipt the
consideration of the question of calling an
extra session will be commenced
1t was learned today that Senator
Spooner, the author of the amendment who
wan In Washington last week
the opinion before he left that the amend
ment did not give the President author
lty to levy customs duties on goods enter
ing the | United States, when viewed in the
light of the Supreme Courts recent de-
Cision. AT the time it drawn it was
of course. considered sufficient in the cir
cUmstances. and its trainers did not look
fx any court decision that would question
i,SpOwer.
Key to the Whole Case.
There is no doubt that the administra-
tion, and most of the republican members
OF Congress, desire to avoid an extra ses-
sion If possible. But above this wish the
President cherishes the desire to hasten
the establishment of civil government in
the Philippines. II the tariff situation is
to conflict in any way with the consumma-
ton Of his desires in this respect, there is
little doubt he would resolve the difficulty
by calling Congress together for definite
action In fact. 1t Is believed that that Is
ll4t ht-NEptc TO the whole case
1t IS pointed out that the government is
got hampered in Its dealings with the Phil
ippines at present. A tariff is now in op-
Grafton and duties are being collected on
PhlilUplHe lmportatiOnS and on United
States products entering the islands That
tariff will continue in effect until pro-
nOUnced unconstitutional by a court.
The protected Industries of the country
therefore. are NOT nenaced for the present
by the probability of free trade with the
Philippines. 1t is not considered likely
that there Will be extensive imports of
Philippines products until the tariff uues-
tinn Is settled and the goods that do come
In Will pay duty, subject to a refund in
case of decision of the court to that eff
feet
Different From Porto RicO's Status.
The neglect of the Supreme Court to de-
eide the Philippines test case is construed
10 mean that the court thinks there is a.
difference In the status of Porto Rico and
the Philippines. 1t is assumed that the diff
ference would lie in the fact that either
this government is not in actual possession
and control of the Philippines or is ruling
under the broad military power. If civil
government should be established July /
as contemplated by the President the
question is raised whether Porto Rico and
the Philippines would not be on all fOurs
and, therefore, whether duties levied under
the Dingley act on impoItatfons from the
. Philippines would not be as invalid as
those collected Porto Rican products
before the Foraker act was passed
The proposition. 1t is argued would then
resolve itself into a question whether the
SpOuner amendment can be considered
equivalent TO congressional establishment
OF a tariff As stated, Senator Spooner
himself holds in the negative claiming that
Congress has not given the President power
I" fix tariff duties for the United States
although he may do so for the Philippines