The Owosso times. (Owosso, Mich.) 1897-1926, 1901-05-31
Decided by the United States Su.
preme Court
THE ADMINISTRATION UPHELD
Prominent Government Officials and
Attorneys Were Present and the
Proceedings Were Followed to the
Finish With Keen Interest.


cases before that court involving the
relation of the United States to it's
insular possessions. The two cases in
which no conclusion was announced
were those known as the Fourteen
Diamond Rings case and the second
of the Dooley cases. The undecided
Dooley case deals with phase of the
Porto Rican question and the Diamond
Ring case involves the right to the
free importation of merchandise from
the Philippines to the United States.
The original intention of the court had
been to adjourn for the term after
Mondays sitting, but discussion of the
cases passed yesterday took about five
hours, so the court adjourned until to-
day, when it is presumed the remain
ing cases will be passed on.
OF the several cases decided the two
which attracted the greatest share OF
attention from the court were what is
known as the de Lima case and that
known as the Downes case. and of
these two the opinion in the Downes
case is considered the most far reach
ing, as it affects our future relations,
whereas the de Lima case dealt with
a transitional phase of our insular re-
lations. The de Lima case was the
first to receive the attention OF the
court, and as it appeared to be quite
sweepingly opposed to the govern
ment's contentious, many persons pre-
cipitately arrived at the conclusion
that the government had been worsted
all along the line. This view suffered
decided 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.
The de Lima case involved the pow
er of the government to collect duty
on goods imported into the United
States from Porto Rico after the rat
ification of the treaty of Paris and be-
fore the passage of the Porto Rican
act. The court said the governments
contention in this case was substan
TALLY a 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 fol-
lowed the history of the dealings of
the United States with Porto Rico
f,,r Ia4 Will l,o
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 con.
stitutional.
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
countrys insular possessions and has
the right to lay duty on goods i'm.
ported into our insular possessions
from the United States or exported
from them into the United States. 1t.
holds, in brief, that for taxation pur.
poses lhey are not part of the Unit.
ed States to the extent that goods
between their ports and the
United States are entitled to the same
treatment as though they were
shipped between New York and New
Orleans.
Justice Brown delivered the courts
opinion in both, and there were vigor--
GUS dissenting opinions in both. In
the Downes case, four of the nine
members of the court united in an
opinion, characterizing in strong Ian
guage the opinion of the majority in
that case. In this opposing opinion
the chief justice and justices Harlan
Brewer and Packham united, and the
chief justice and Justice Harlan pre-.
scented their views in written form
Justices Gray, Shiras, White and Nc.
Kenna also, while agreeing with the
announced by Justice
Brown, announced that they had
reached the conclusion by different
fines of argument, and Justices Gray
White and McKenna announced opin-
ions outlining their respective posi-.
tions. Justice Shiras, White and Nc
Kenna also dissented in the de Lima
ease, uniting in an opinion. Justice
Gray also presented an independent
and dissenting opinion in that case.
The small court room was crowded
to repletion throughout the day, prom
inent government officials and many
attorneys being present, and the pro-
ceedings were followed from start to
finish with keen interest.
The supreme court decided what Is
known as the Huns case, involving the
question whether vessels plying be-
tween Porto Rico and New York were
engaged in the coasting trade. The
courts decision held they were so en-
gagged.