The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-28
And Import Duties Levied Under 1t. the Court
Says, We're Lawfully Collected.
Duties Assessed Before the Passage of the Act by
Congress- However, Must Be Refunded
Strong Dissenting Opinions.

WASHINGTON. May 27.-In the United
States Supreme Court to-day opinions were
banded down in all but two OF the cases be-
fore that court involving the relation of
the United States to its insular posses
sions. The two cases in which no con-
clusion was announced were those known
as the Observation-Disclosures case and the
second OF the Dooley cases. The undecided
Dooley deals with phase OF the
Porto Rico question, and the diamond
rings case involves the right to the free
importation of merchandise from the Phil
ippines TO the United States. The original
intention OF the court had been to adjourn
for the term after to-days sitting, but
discussion OF the cases passed on to-day
took about FIVE hours. the court ad-
Journed until tomorrow. when, 1t is pre-
sumed, the remaining cases will be passed
on.
OF the several cases decided to-day the
two which attracted the greatest share of
attention from the court were what IS
known as the De Lima case and that known
as the Downes case, and of these two the
opinion in the Downes case is considered
the most far-reaching. as it affects our
case dealt with transitional phase OF our
insuIar relations. The De Lima case was
the first to receive the attention OF the
court. and as 1t appeared to be quite sweep
ingly opposed to the governments conten-
tions many persons precipitately arrived
at the conclusion that the government had
been worsted all along the line. This view
suffered a decided change when the con-
clusion was announced in the Downes case.
The court was very evenly divided on both
cases. but political lines were not at all
controlling.
The De Lima case involved the power OF
the government TO collect duty on goods
imported into the United States from Porto
Rico after the ratification OF the treaty
OF Paris and before the passage Of the
Porto Rican act. The court said the gov
ernment's contention in this case was SUBJ
stantiaIIy a claim that Porto Rico is for
eign territory The entire case turned
upon that contention. The court held that
the position was not well taken: that
Porto Rico was not at the time foreign
territory. and that therefore the duty which
had been collected must be returned.
The decision in the Downes case followed
the history OF the dealings OF the United
States with Porto Rico step farther That
case dealt with the legality of the exaction
OF duties on goods imported from Porto
Rico into New York after the passage of
the Foraker act providing for a duty upon
goods shipped from the United States into
Porto Rico and also on those shipped from
Porto Rico into the United States. In this
case the court held that such exaction was
legal and constitutional
The point of the two opinions considered
collectively is that Porto Rico was never.
after the acquisition OF the island. foreign
territory; that until Congress acted upon
the question no duty could be collected,
but that as soon Congress outlined
method Of controlling the Islands revenues
that action became binding: in other
words, that Congress has power under the
Constitution TO prescribe the manner of
collecting the revenues OF the countrys
insular possessions and has the right 10
lay duty on goods imported into our in
sular possessions from the United States or
exported from them into the United States.
II holds. in brief. that for taxation pur-
poses they are not a part OF the United
States 10 the extent that goods shipped be-
tween their ports and the United States
are entitled To the same treatment as
though they were shipped between New
York and New Orleans.
Justice Brown delivered the courts opin-
ion ia both. and there were vigorous dis
senting opinions In both. In the Downes
case four OF the nine members OF the court
united In an opinion charaeterlzing in
strong language the opinion OF the ma
5ority in that case. In this opposing opin-