The Penn's Grove record., 1901-05-31
United States Supreme Court
Af1rmS The Constitutional.
ity of the Foraker Law.
CONGRESS HAS CONTROL
Until It Passed the Act No Duties
Could Be Collected on Imports
From Porto Rico"

The Constitution Does Not Extend ovel
Acquired Territory by Force of Its
Own Provisions - Porto Rico and til,
Philippines Part of the United States
But Not Under the Taxing Clause
The Supreme Court Divided In Opin'
Ions - Its Important Decisions Rem
dercd by a Bare Majority, the Jus
tices Standing Five to -Four.
Washington, d. C.-The decision OF
the United States Supreme Court in
the insular cases was announced on
Monday, Justice Brown rendering the
prevailing opinion, in which Chief JUS
tice Fuller and Justices Peckham,
Harlan and Brewer concurred. The
decision was against the Government
In the first Of the cases taken up
the De Lima case. Justice Mckenna
delivered a dissenting opinion. He
was Joined by Justices Shiras and
White. Justice Gray also delivered a
dissenting opinion.
The decisions of the Supreme Court
mean that the Constitution follows the
flag by Congressional enactment only
and not Tex proprio vigore," or of its
own force; that territory acquired by
treaties of cession thereby immediate
ly ceases to be foreign to u laws
and becomes appurtenant to the Uni
ted States, but not a part of the Uni
ted States within the revenue clause
of the Constitution; that the people
of territory so acquired can become
citizens of the United States, subject
to the prescribed restrictions of citi-
zens of other territories, when Con-
gress so provides; and that Congress
has power to apply all or a part of,
or to withhold entirely from all the
territories, organized and unorganized,
the revenue and tariff laws of the
United States.
Justice Brown first announced the
Courts decision on point of jurisdic-
ton, holding that the Court had jur-
isdiction. The ruling was concluded
with the statement that at the time
the duties were collected Porto Rico
was not a foreign country, but a ter
ritory of the United States.
In the cases of Goethe VS.. the United
States and Crossman VS.. the United
States, brought here from the Circuit
Court for the southern district of New
York to test in the Goethe case the
validity of the levy of duty oil an I'M
portation of tobacco from Porto Rico
into the United States after the ratifl-
cation of the treaty and before the
passage of the Porto Rican act and in
the Crossman case duty on liquors i'm
ported from Hawaii after annexation,
but before the taking effect of the act
providing a government for Hawaii,
the Court reversed the judgments of
the lower courts for the reasons cited
III the De Lima case, holding the levy
of duties was unconstitutional.
Justice Brown said that whether the
sugars imported from or into Porto
Rico were dutiable depends on wheth-
er Porto Rico Is q foreign country. He
held that the right to acquire terri
tory involves the right to govern and
control 1t by Congress, but a country
could not be both foreign and domes-
tic. Justice Brown concluded as fol-
lows:
"If an act of Congress be necessary
to convert a foreign country into dom
este territory the question at once
suggests itself what is the character
of the legislation demanded for this
purpose. VIII an act appropriating
money for Its purchase be sufficient!
Apparently not.
"Wnl an act appropriating the du-
ties collected on imports to and from
such country for the benefit of Its
country be sufficient? Apparently not.
VIII acts making appropriations for
Its postal service. for the establish
ment of lighthouses, for the mainten-
ance of quarantine stations, for erect
ing public buildings, have that effect!
VIII an act establishing a complete
local government, but with the reser-
walton of a right to collect duties on
commerce., be adequate for thai pur-
pose? None of these, nor all togeth-
err, will be sufficient, If the contention
of the Government be sound, since
acts embracing all the provisions have
been passed In connection with Porto
Rico, and 1t is insisted it Is still a
foreign country within the meaning
Of the tariff laws.
"We are unable to acquiesce in that
assumption that a territory may be
at the same time both foreign and
domestic. We are, therefore, of opin-
ion that at the time these duties were
levied Porto Rico was not a foreign
country within the meaning of the
tariff laws, but a territory of the Uni
ted States; that the duties were He
gally exacted, and that the plaintiffs
are entitled to recover them. The
Judgment of the Circuit Court for the
Southern District of New York is,
therefore, reversed and the case re-
manded to that court for further pro-