The daily journal. (Salem, Or.) 1899-1903, 1901-06-18
Porto Rico not a State.

that requirement. Justice Brown. in
delivering the leading opinion of the
court, holds that it is not, saying:
We are Of opinion that the island OF
Porto Rico is territory appurtenant
and belonging TO the United States,
but not a part OF the U United States with.
in the revenue clause OF the constitution.
that the Foraker act is constitutional 30
far as II imposes duties upon imports
from such island and that the plaintiff
cannot recover back the duties exacted
this case.
In explanation Of the apparent discrep-
ancy between his opinion in "the lie
Lima case" and his opinion the Downes
case, " he said:
In the case Of DE Lima vs Bidwell We
hold that, upon the ratification of the
treaty Of peace with Spain, Puerto Rico
ceased 10 be foreign country, and that
the duties were no longer collectible
upon merchandise brought from that
island. We are now asked to hold that
il became a part Of the United States
within that provision Of the constitution
which declares that "all duties, imposts
and excises shall be uniform throughout
the United States" II Puerto Rico be a
part OF the United States, the Foraker
act imposing duties upon its products is
unconstitutional, not only by reason
Of violation Of the uniformity clause
but because section Q, "vessels bound to
or from one state" cannot "be Obliged
to enter clear or pay duties in another
Revenue Clause Applies TO States Only
The case also involves the broader
question whether the revenue clauses OF
the constitution extend OF their own
force 10 our newly.acquired territories.
As 10 the requirement that duties
shall be- uniform. Justice Brown held
that the constitution refers not TO terri.
tories but to states in this instance the
duties had been imposed under the For
aker act mentioned above-the Puerto
Rico government act. The constitution.
ality Of that act was involved because
the act imposed different tariff duties on
trade between the states and foreign
countries, whereas the constitution re-
quires that "all duties, imposts and ex-
cises shall be uniform throughout the
United States"
The Opposing View.
Referring specifically to the theory
that the authority Of the United States
over territory acquired from Spain Is by
international law like that Of any other
nation, the Chief Justice Fuller said:
The new master was, in this instance,
the United States, constitutional gov
eminent with limited powers. and the
terms which the constitution itself inn
posed, or what might be imposed in &C.
cordance with the constitution. were
the terms on which the new ma, ter took
possession, Tho power of the United
States 10 acquire territory by conquest,
10y treaty or by discovery and occupation
is not disputed, nor is tho proposition
that in all international relations, inter
ests ard responsibilities the United States
is separate, independent and sovereign
nation. But Il does not derive lie powers
from International law, which though
part of our municipal law, ia not a part
of the organic law OF the land. The
source of national power in this country
is the constitution OF the United States
and the government, as TO our internal
Affairs, possesses no inherent sovereign
power not derived from that instrument
and consistent with It's letter and spirit.
Power USurped BY Congress.
Regarding the contention Of the ma.
iority that congress may leeislate in
its own discretion with reference 10 taxa.
tion in Puerto Rico, yet must respect
the fundamental guarantees of life,
liberty aud dprop'rty, Chief Justic Fuller
argued that-the power to tax involves
the power TO destroy, aud the lew Of
duties touches all out people In all
places under the jurisdiction of
the government, The Logical re-
suit ls that congress may prohibit com.
meroe altogether between the states and
territories, and may prescribe one rule
OF taxation in one territory aud a dii.
terent rule in anDlhar. That theory as
suult.s that tha ,,.,nstif,,ti,., .-..ta A