Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1901-06-07

Court Of the United States Monday hand
ed down what is undoubtedly the great
est decision ever made by that tribunal.
In brief it Is declared that the constitu-
ton follows the flag, but not to the extent
that tariff laws in the territories must be
uniform with those in force in the United
States. Porto Rico and the Philippines
became integral parts Of the United
States upon the ratification Of the treaty
Of Paris. but Congress has power to gov
eSn them according to their needs with
out reference to the excise limitations of
the constitution.
BY ~a>series Of decisions which develop
ed differences among the justices as re-
markable as they were confusing, the
Supreme Court decided:
1. The constitution does not follow the
Dag ex propria ~vigore-of its own force.
.. The United States may enter upon
. colonial policy-has already entered up
on it-without violation of the constitu-
ton.
3. This nation has all the powers that
xightfully belong to a sovereign interna-
tional state and may acquire territory
without incorporating such territory as
~ ihIC6A0A paw OL AISCAs
4. The simple act OF acquisition by
treaty or otherwise does not automatically
bring about such. incorporation; and in
corporation is effected only by the will Of
the States acting consciously Through
Congress.
s. Porto Rico is not a part of the
United States, but "a territory appurte-
nan and belonging to the United States"
Tariffs established by Congress upon
goods coming from or going to Porto Rico
are valid and collectible. The Foraker
act is constitutional.
9. Congress has full power over the
territories, may regulate and dispose Of
them, may at Its discretion extend the
constitution to them, may admit them as
States, or may hold them indefinitely as
territories, colonies or dependencies.
~EE;ce, is not a "foreign coun-
try" and therefore the Dingley law,
which levies duties upon goods imported
"from foreign countries" does not apply
80 Porto Rico. Nor yet is "Porto Rico a
part Of the United Statesy" It is a do
mestic territory, over which Congress has
unrestricted con trol."
Much confusion existed until the last
as to the purport and effect of the decis-
ions, owing to the i~ndistinctness Of deliv-
cry from the bench. Because of the fact
that the decision in the DeLima case,
6rst announced, was antagonistic to the
contention of the government, it was gen.
orally reported that the court had over
thrown the government generally, and
that, in the common parlance Of the
cases, 1.-The constitution did follow the
Tag"
The salient points of the great decision
which the court handed down are, how
ever, found to be:
First-That the constitution did follow
the flag, that Porto Rico and the Philip
pine Islands became parts of the United
States rs soon as the treaty of peace was
ratified, and that all duties collected on
merchandise passing between the main
land and the islands under the Dingley
law were illegal and must be refunded.
~Second-That the Foraker act is con-
stitutional, and that Congress has the
out regard to the provision of the consti-
tuition which requires all duties, imposts
and excuses to be uniform throughout the
United States.
Insular Policy Sustained.
The government was beaten in the first
case, and sustained in the second. As
the Foraker act was the main issue, it
FAC be stated generally that the insular
policy Of the administration has been sus-
tained by the court of last resort.
Both. Of the issues decided by the court
express the opinion of a bare majority of
the nine justices. That majority was re-
versed completely by the action Of one
member Of the court, Justice Brown, who
held first that Porto Rico clearly became
q part of the United States in a general
sense the m the treaty of peace
was ratified, and then the same justice
held that Congress had the power to leg
\ islate for the territories independent OF
\ the constitution.
To show how curiously the court re-
Nersed itself in the same day, it is neces-
sary to note that the majority of the
court, which declared that the islands be-
came part Of the United States when the
treaty was ratified, was made up of JUS
tices Brown, Fuller. Harlan. Brewer and
Peckham. 70 this decision Justices Gray,
White, Shiras and McKenna dissented.
Then, in the second case, wherein the
right of Congress to legislate for the ter
ritories independent Of the constitution
was sustained, the majority was made up
Of Justices Brown, Shiras, White, Gray
and McKenna. To this decision Chief
Justice Fuller, Justices Harlan, Brewer
and Peckham dissented.
The curious feature, of course, is that
Justice Brown. who acted first with one
quartet and then with another quartet.
delivered the majority opinion in each
case. To cap the climax. when he deliv-
cred the opinion sustaining the right of
Congress to legislate for the territory
and unfolding the constitutionality of the
Foraker act, his reason for arriving at
his decision was dissented to rot only by
the four dissenting justices but even by
the four with whom he was acting to
make up a majority.
In this second branch Of the case. In