The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1901-06-01
q, Ia W LEGAI.
SUPREME COURT HANDS DOWN:
DECISIONS IN sT4Es IN.
sULARs CASES.

Rico q Not Foreign Territory, but
Congress Has ! Right 70 Levy Duty
On lts Commerce With the United
states-Tribunai Very Evenly pi,
vlded on the Question.
Washington, May 2s.-In the Unit
ed States supreme court decisions
were handed down In all but two Of
The cases before that court involving
the relations Of the United States to-
Its isular possessions. The two cases
In which no conclusion was an.
nounced were. those known as the
Fourteen Diamond Rings case and
sahe second Of the .Dooley cases. The.
Undecided Dooley case deals with ..
phase Of the Porto Rican question,
and the diamond rings case. Involves
the right to the free importation Of
merchandise from the Philippines to
the United States. The original inten-
tion OF the court had been to adjourn.
for the term after the days sitting,
but discussion Of the cases passed on
took about ave hours. 80 the court
will not adjourn until the remaining
cases are passed on. On the several.
cases decided the two which attract
ed the greatest share Of attention
from the court were what is known %
the De Lima case and that known as
the Downes case, and of these two
the opinion In the Downes case is con-
sidered the most far reaching. as 1t
Affects our future relations. whereas
the De Lima case dealt with transi-
tional phase Of our insular relations.
The De Lima case was the first to re-
5ceive the attention Of the court, and
as It appeared to be quite sweepingly
opposed to the governments conten-
tions many persons precipttately ar
rived at the conclusion that the gov
eminent had been worsted all along
the line. This view suffered de-
.cided change when the conclusion.
was announced In the Downes case.
The court was very evenly divided on
both cases, but political lines were
not at all controlling.
Porto Rico Not Foreign Territory.
The De Lima case involyed the
power of the government to collect q
duty on goods imported into the Unit
ed States from Porto Rico after the
ratification of the treaty OF Paris and
before the passage Of the Porto Rican5
act. The court said the governments
contention In this case was substan-
TALLY 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 further. 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 duty
upon goods shipped from the United
States into Porto Rico and also on
those shipped from Porto Rico to the
United States. In this case the court
held that such exaction was legal and
constitutional.
E The point Of the two opinions con.
sidered collectively is that Porto Rico
was never after the acquisition of that
island foreign territory; that until.
congress acted upon the question no
duty could be collected, but that. as
soon as congress outlined a method
Of controlling the islands revenues
that action became binding: in other
words. that congress has power under
the. constitution to prescribe the man
ner: Of collecting the revenues Of the
.country's insular5 possessions and has
the right to lay; 9
Duty on Goods imported
into our insular possessions from. the.
United States or exported from them
into the United States. II holds IN
brief that for taxation purposes they
are not q part Of the United States to
the extent that goods shipped be-
tween their ports and the United
States are entitled to the same treat
ment as though they we're shipped be-
tween New York and New Orleans.
Justice Brown delivered the courts
opinion in both and there we're vigor-.
J~s-r u u