Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1901-06-05
washlngton correspondence .

washington correspondence.
BY vote of FIVE to four the Supreme
Court of the United States Monday hand
ed down what is undoubtedly the great
est decision ever made by that tribunal.
In brief it is declared that the constitu-
tion follows the flag, but not to the extent
that tariff laws in the territories must be
uniform with those in force in the United
States. Porto Rico aud the Philippines
became integral parts Of the United
States upon the ratification of the treaty
of Paris, but Congress has power to gov
ern them according TO their needs with
out reference TO the excise limitations OF
the constitution.
BY series OF decisions which develop
ed differences among the justices as re-
markable as they were confusing, the
Supreme Court decided:
/. The constitution does not follow the
flag ex propria vigore-of its own force.
.. The United States may enter upon
a colonial policy-has already entered up
on it-without violation Of the constitu-
ton.
3. This nation has all the powers that
rightfully belong to a sovereign interna-
tional state and may acquire territory
without Incorporating such territory as
an integral part of itself
4. The simple act of acquisition by
treaty or otherwise does not automatically
bring about such Incorporation; and in
corporation is effected only by the will of
the States acting consciously through
Congress.
s. Porto Rico is not a part of the
United States. but "a territory appurte-
nant and belonging TO the United States"
Tariffs established by Congress upon
goods coming from or going TO Porto Rico
are valid and collectible. The Foraker
act is constitutional.
6. Congress has fNll power over the
territories, may regulate and dispose Of
them, may at its discretion extend the
constitution to them, may admit them as
States, or mayi hold them indefinitely as
territories, colonies or dependencies.
q Porto Rico is not foreign coun-
try and therefore the Dingley law,
which leyies duties upon goods imported
from foreign countries" does not apply
to Porto Rico. Nor yet is Porte Rico a
part of the United States" 1t is do
nestle territory. over which Congress has
unrestricted control"
Much confusion existed until the last
as to the purport and effect of the decis-
ions, owing 20 the indistinctness of deliv-
cry from the bench. Because of the fact
that the decision in the DeLima case,
first announced, was antagonistic to the
contention of the government, it was gen
orally reported that the court had over
thrown the government generally, and
that, in the common parlance of the
cases, ''the constitution did follow the
flag"
The salient points of the great decision
which the court handed down are, how
ever, found to be:
First-That the constitution did follow
the flag, that Porto Rico and the Philip
pine Islands became parts of the United
States as soon as the treaty of peace was
ratified, and that all duties collected on
merchandise passing between the main
land and the islands under the Diogley
Law were Illegal and must be refunded.
Second That the Foraker act is con-
stitutional, and that Congress has the
right to legisiate for the territories, with
out regard to the provision of the consti-
tuition which requires all duties, imposts
and excuses to be uniform throughout the
United States.