The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-12-03
Merchandise

to could properly be INDUCED, it would
seem to be that two-thirds Of quorum
of the senate did not consent e the rau-
fication on the grounds indicated.
1T is further contended that a distinc-
ton exists in that while complete posses
sion of Porto Rf}b was taken by the
United States. this was not so as TO the
Philippines. because OF the armed resist
ance of the native Inhabitants 20
greater o. less extent
I'VE must decline to assume that the
government wishes thus to disparage the
title of the United States, or to place
itself in the position of wasing a war OF
conquest
Sovereignty Over Philippines.
''The sovereignty of Spain over the
Philippines ana possession under claim
of title had existed for a long series of
years prior to the war with the United
States. The fact that there were insur-
rections against her or that unciviiized
tribes may have defied her did not af-
feet the validity of her title. she grant
ed the islands TO the United states ana
the grantee I'm accepting them took noun
ing less than the Whole grant IT those
in insurrection against Spain continued
in Instruction against the United states
the legal title and possession OF the latter
remained unaffected.
we do not understand that II IS
claimed in carrying on the pending nos
tilities the government IS seeking 20 SUD
iugate the people of q foreign country,
but on the contrary that 1t IS preserving
order and suppressing insurrecuOn IN ter
ritory Of the United States. 1t follows
that the jurisdiction of the United states
is adequate and this cannot be admitted
for one purpose and denied for another.
1T is sought to detract from the
Soc fHl ~.
well because one Of the five justices con-
curing i'm the Judgment in that case con-
CURED in the judgment in Downs VS..
BidweH.
was held not to be a foreign country, aft
er cession. and that a prior act eXclu-
sively applicable to foreign countries be
came inapplicable
IN Downs VS.. Bidwell. the conclusion
of a majority of the court was that an
act Of congress leVying duties on goods
imported from Porto Rico into New YORK,
not in conformity with the provisions OF
the constitution IN respect to the IMPOSE
ton of duties, imposts and excuses, was
valid. Four of the members of the court
dissented ana five cOnCurrcd. though not
on the same grounds, in this conclusion.
Appurtenant Territory.
s.The Justice who delivered the opinion
in De Lima's case was one of the major
ity and was of opinion that although by
the concession Porto Rico ceased 20 be q
foreign country and became territory
of the United States, and domestic. yet
that it was merely 'appurtenant terri
tory and not a paH{ OF tho mted states
within revenue clauses of the legislation
This view placed the territory, though
not foreign. outside Of the restrictions
applicable to interstate commerce and
treated the power Of congress when az
firmativelv exercised over a territory
situated as supposed rs uncontrolled by
the provisions of the constitution In re-
spect of national legislation. The dis
tinction was drawn between special act
in respect of the particular country and
a general and prior act only applicable to
countries foreign to ours in every sense.
! The latter was obliged to conform to the
| rule Of uniformity which was wholly dis
/ regarded In the former
'The ruling in the case Of De Lima re-
manned unaffected and controls that UNI
/ der consideration. And this Is so not
I withstanding four members Of the ma
iority in the De Lima case were of the
/ opinion that Porto Rico did not become
4 by the cession subjected 20 the exercise
/ of governmental power in the levy of
duty unrestricted by constitutional linz
/ itatiOns.
! Decree reversed and case remanded
/ with directions to quasb the information.
! Justices Gray. White. Shiras and Nc
/ Kenna united in dissenting from the
/ courts opinion in the Philippine case
/ yOnd 2 mere note in which they said that
/ they "dissented for the reasons stated in
/ the opinions given I'm the cases Of De
/ Lima VS.. Bidwell DOoley vs. The United
States and Downs rs. Bidwell IN the last
/ term of the court.