The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-07
WHIT / MEANT
Explanation of the Intricate
Decision by Supreme Court
FULL REPORT is CLEAR
Judge Ashbaugh BoiIS Down
the Opinion.
FULL REPORT is CLEAR

Copies OF the fun report Of the supreme
court s decisions in the fnsulsr cases have
been received in Wichita. and are being
read With great interest, because the
hrst reports were So hard to understand
Judge s s. Ashbaush has read al the
opinions and he condanses the whole into
The following explanation, writing
The Porto Rican tariff cares have been
decided, and have quickly passed into
history. The decisions rendered are more
than judgments Of our highest judicial
tribunals, they are part Of our coun-
try 8 constitutional and material develop
nent, and the suddenness with which the
political interest has subsidized is the meas
ure Of satisfaction with which they have
been received, and our careful that while
the results of the Spanish war have been
made secure.yet the government as a con-
stitutional power is stronger and more
permanent
When the decisions were first ann0unc-
cd there was a feeling manifested that
the many opinions fled by the different
justices had weakened the prestige OF
the court. and would render the result
and fnal Judgment less satisfactory and
more uncertain. But an examina ton
Of the published opinions has not deepen
cd this impression. but on the contrary
leads to the conviction thar these decis-
ions VIII never be reversed and NAV
scarcely be- called in question Perhaps
no decisions were ever made By judicial
tribunal which instigated such extended
research Oh the part Of counsel 10 which
greater consideration WIS gwen by the
court. and upon which more care and
learning were expended BY the justices
who prepared the opinions. Every clause
Of the constitution which had been called
IN question was traced u its origin. every
decision bearing upon the subject was
cited and many Of them quoted and com
mented upon; every fact IN our national
history which cast any light upon the
point in controversy was carefully scr7It-
inized; every argument was adduced
which could aid the court in reaching the
proper conclusion. The arguments are
over and the judgments are rendered. but
the general public remains vitality inter
ested In the result
4 number OF merchants were engaged in
importation Of merchafdise from Porto
Rico and under protest had paid the tariff
were brought 10 recover the money 50
paid. but judgments were rendered in the
courts below in favor of the government.
The cases were appealed and are now
finally deci6ed by the supreme court but
opinions were prepared and fled ia only
three cases. and the disposition of these
three cases decide the questions AT issue.
These are known as the cases Of De
case the Judgment was rendered by ave
justices. with four justices dissenting.
but the same I'VE did not unite jim all the
cases This difference in attitude was
not caused. however. by q change OF opln-
ION. but because Of q different state Of
facts. ar. Justice Brown filed the opin-
ion Of the court in each case and in the
De Lima case Justices Fuller, Harlan,
Brewer and Peckhan concurred, and
Justices Cray. White Shiras and AIcKen-
M dissented- in the Dooi5y case the jus
tices voted as Id the De Lima case, while
il the Dowues case the Justices who
concurred with 1Ir. Justice Brown IN the
first TWO cases now dissented and the
justices who in these cases dissented now
c0ncurred- Thus each case was decided by
I'VE justices as against four But this
coutriety of opinion is easily c0mpre-
hended. and thore is no inconsistency in
the positions taken by any justice in the
different cases.
Porto Rico was coded 70 the United
States by treaty signed in Paris on
December ~ 1s2s which was ratified by
the senate on February 9. lsee and by
tho queen regent ~ spain on March 49,
1893 aad on April Il. 1893. the ratidca-
tioas were exchanged and the treaty pro-
cfs5ue1 ~ Washington. Ou April -
1850 the Foraker htI was passed being
can Act Temporarily 10 Provide REEVE
nues ana q Civil Government for Porto
Rico and for other Purposes. which
took effect July T. 1900 and levied tariff
duties up0n merchandise brought into
rhe port Of New York from Porto Rico
in an amount equsl to p per centum OF
the duties which are required u Be levied
collected ana paid unou like articles Of
merchandise imported from foreign c9uu-
tries These 51-l-s sh-Ild cease in any
event On 1rar-h 1872 au5 sooner IL the
legislative ~ Porto Rico should
enact and r-- -ra --i1n system Of
l--aI taxa-.-1 -7 ~eet rhe necessities Of
rho government eztlhIlzhed hv thar act
Tie -s--la- of rh. United states
7-ar less rle corEress snau have The
power o lay and collect taxes duties.
irra-s d excuses hut an duties. i'm
----s ond excuses shan Pc uniform
throarhout the United States. The
question Before She court was as q
v--tA- rhe tariff provision 81 The Fora
srer a1t was -rconsttutioual as being IN
violation ct This section Of the consutu-
tfr7 The 0ther provision ~ the co-s-i-
truca alosr applicable is- The couSress
sIf base power 10 dispose o. and make
I'll re-5rG. rules and regulations resnect-
in- rhe territory OF other property be-
I--l-t-e to tie United States
In the De Lima ease The duties were
collected uooa goods imported subsequent
10 the cession % Porto Rico and prior
70 the passare of The Foraker acr-
In the Doo-er case tae duties Rere col
f.cte6 unon sools ln Porto Rico Z part ~
which were collected 6u-irg The military
,-c-rl-ation II tae island br She United
states troops. and under The proclamation
Of ceus-al 1Iiies direcli1s the eZaction ot
duties. ana another rart of Whirh were
collected under the customs tar.E pro-
claimed by order q the president
In the Downes case tho duties were
collected On goods Imported afcer the
Foraker sct had sore iuto effect
The difference in these facts as 70 the
dfGerent cases accounts FOR the dissent
.1. AZ the Justices in the Dovnes case
Who had co-curre6 - che other eases,
Justices Flue-. Harlan. Brewer and
Peckhau took ore view IF the constitc-
rfonal question involved. Jlstlces Cray
waite. shtras ana 3-cKenna took che