Rocky Ford enterprise., 1901-06-07
The supreme Court Decision.

ed down last week. II fixes the status
Of our new possessions absolutely. and
puts an end TO all doubt as to the
power OF Congress 10 deal with them
as II sees ht
The important case-that which in
volyed directly thc legality OF the
Porto Rican tarin-was the Downes
case: and the decision III this case up
holds M strongly as words can be
made TO do 1t the contention OF the gov
crnment that Congress has the power
90 deal in any way IL may see iit with
acquired possessions. On this point
Justice Brown said:
1.-THE practical Interpretation put By
Congress upon the constitution has
been long continued and uniform TO
the effect that the constitution Is ap-
piicablc TO territories acquired by pur-
chase or conquest only when and So
Tar as Congress shall SO direct. Not
withsianding its duty 10 guarantee TO
every state In this union n Republican
form OF government Congress did not
hesitate In the original organization Of
the territory and It's subdivisions OF
Ohio. Indiana. Michigan, Illinois and
Wisconsin. and s,iil more recently in
the case OF Alaska, TO establish form
OF government bearing n much greater
analogy to British crown policy than
n republican state OF America. and to
vest the legislative power In n gov
-crnor and council. or u governor AMI
Judges to b. appointed by the frcsi.
dent.
1--WE are also OF the opinion that
power go acquire territory by treaty
implies not only the power to govern
what terms the United States Will re-
cclvc Its Inhabitants and what their
status shall be In what Chief Justice
Marshall termed the American en-.
pirc.'"
Justice White, in his eoncurring
opinion. put the opinion OF the court
even more strongly. II possible. He
said:
''It is then rs I think. indubItabiy
settled by the principles OF the law OF
nations. by the nature Of the govern
mcnt created under the constitution by
the express and implied powers con-
fcrrcd upon that government, by the
constitution. by the mode In which
those powers have been executed from
the beginning. and by nm unbrolcn line
OF decisions OF this court, first an-
nounccd by Marshall and followed and
iucidiy cSpoundci by Tancy, that the
ate territory Into the United States
without the expressed and implied AS
sent OF Congress. that 1t may assert
In a treaty conditions against immc-
dlatc Incorporation. II must follow,
therefore. that where n treaty contains
no conditions for incorporation. and.
above all. where IL not only has no
such conditions but expressly provides
TO the contrary. incorporation does not
arise until in shc wisdom OF Congress
1t is deemed that the acquired terri
tory has reached that state where Il
IS proper II should enter into and
form n part OF the American family"
Justice Gray. who also delivered n
concurring opinion in this case.
ciinched the matter rs follows:
''Thc civil government of the United
States cannot extend Immediately.
and OF Its own force. over territory ac-
~ r...l hx- txsnf
necessarily. in the first instance, be
governed by the military power under
the control of the President us com.
mander.in-chief. Civil government
cannot take effect rs soon us posses
sion Is acquired under military author
fly or evan rs soon as that possession
is confirmed by treaty. 1t can be put
in operation only by the action OF the
appropriate political department OF
the government Mt such time and in
such degree rs that department may
determine. There must of necessity
be transition period.
$50 long rs Congress has not incor-
porated the territory into the United
States, neither military occupation nor
cession by treaty makes the conquered
territory domestic territory in the
sense OF revenue laws. But those laws
concerning foreign countries remain
applicable to the conquered territory
until changed by Congress. Such was
the unanimous opinion Of this court,
as declared by Chief Justice Taney in
Felming VS.. Page, page, 0 How.
"If Congress is not ready to con-
struct n complete government of the
conquered territory it may establish
n temporary government which is not
subject to all the restrictions of the
constitution.