Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-05-28

corning the decision in an interview last
night:
There seems to be some confusion In
the newspaper reports Of the decisions rem
dered by the Supreme Court in the insular
cases, owing to the fact that number
OF cases were considered and disposed OF
at the same time each one raising diff
ferent question. and all together supposed
to cover the various questions that have
been raised with respect to the constttu-
tional power of Congress to legislate for
the new acquisitions. 1t Is unnecessary to
speak OF these cases in detail or to point
out specifically the several questions dis
posed of in order to get the effect Of what
the court has held.
In order that the decision may be
fully understood 1t Is necessary to bear
in mind that Porto Rico has passed through
three distinct periods that have relation
to these cases. In the first place, prior
to the Spanish-American war, Porto Rico
was a province of Spain. and, as such,
foreign territory in every sense of the word.
The island remained foreign territory in
legal sense. notwithstanding our conquest
and military occupation and government,
until the ratification of the treaty of peace.
when it ceased to be foreign territory and
became a possession or dependency of the
United States, but not a part of the United
States. Being dependency of this country
1t was domestic territory, as contradiStin-
guished from foreign territory.
Changes in Islands Status.
derwent a further change in its legal
lations to this country when Congress
enacted the law Of April II, 1900, providing
civil government and tariff duties for the
support Of the same. Since April II, 1900.
1t is territory belonging to the United
States, with respect to which Congress has
enacted legislation fixing the status Of its
inhabitants, providing a government for
them. and providing also for the necessary
revenue to support the same. Between the
ratification of the treaty of peace and this
legislation Of April r. 1900, it was territory
of the United States, with respect to which
Congress had not exercised any power
whatever by legislation otherwise.
Nv hat the court decided was that while
we We're occupying Porto Rico prior to the
ratification of the treaty Of peace it was
foreign territory and occupation and
government was military but all that was
done was in the nature Of military ne
cessity and valid on their account; that
from and after the ratification of the treaty
or peace 1t was no longer foreign territory,
but domestic territory, within the mean
ing of our tariff law, according to which
tariff duties can be collected only on i'm
portations from foreign count rtes and that
consequently the duties collected on i'm
ports from Porto Rico after the ratiica-
ton Of the treaty of peace and prior to
April II. 1900. when Congress first legis-
lated, were Illegally collected-illegally col
lected, however. not because Congress was
without constitutional power to impose
such duties on importations from Porto
Rico, but because during that period Con-
greSS had not so legislated
The third proposition decided by the
court, and the one Of supreme Importance,
was that Porto Rico. being a territory of
the United States, Is not part of the
United States. but only territory belong
ing to the United States, and that it is,
therefore. within the constitutional power
OF Congress to so legislate with respect to
it, including the imposition of tariff duties
as 1t may see fit, and the Congress having
so legislated on April IL, 1900, the pro-
visions of that law valid and to be
upheld and enforced: in other words, the
effect of the decision is that the Constitu-
ton does not follow the flag, and that Con-
gress has plenary power under the Con-
stltutlon to govern our 1nsular acquisitions
according to their several necessities. The
supreme Court goes even further. and says
that II there were no constitutional pro-
visions investing Congress with this power
1t would nevertheless 'ex-necesstate' have
this power since the states acting in their
statal capacity could not provide the nee
essary legislation, and political sovereignty
can be exercised only by the political de-
partment of the government.
The decision Is a complete vndication of
the position held by the republican party
with respect to the power Of Congress to
1eglslate for Porto Rico and the Philippines,
and settles 1t once and for all that the
United States Is the equal in sovereign DOW
er of any other Independent government
Mr.. Bryan's Comment.
dispatch from Lincoln Nebr, last
night says: W. ]. Bryan's only comment
on the decision in the insular cases was
that 1t seemed to uphold the contention Of
the republicans in some respects and that
OF the democrats in others. He said he
would not commit himself further on the
effect of the opinion until he had read the
full text. He hoped the Constitution would
follow the flag.
XaahinRf0u City RihIa SoaIo4u