Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1901-05-28

preme court had decided the insalar
cases in accordance with the conten-
tons Of the government The news
came in the shape Of a telegram from
Solicitor General John X. Richards.
1t was brief, however and contained
no details beyond the bare announce
ment that the administration had
been sustained Naturally the presi-
dent and eabinent officers were elated
over the victory, although they have
never doubted that the decision would
be in favor Of the government. The
members of the cabinet aboard the
train declined to express their opin
ions for publication in advance of d
perusal OF the text of the opinion.
Opinions In Some Gases.
Washington, May 2S.--In the United
States supreme court opinions were
handed down in some Of the cases be-
fore that court involving the relation
of the United States In its insular
possessions.
The original intention of the court
haa been to adjourn for the term ar
ter Mondays sitting, but discussion
OF the cases passed on Monday took
about five hours, so the court ad
sumed the IA diamond ring and
Dooley cases might be passed ON. OF
! the several cases decided Monday 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
| OR r4s obi mr. ne aff ~
future relations, whereas the De Lima
case dealt with d transitional phase
of our insular relations. The De
Lima case was Tie inst to receive the
attention Of the court, and as it APP
peared to be quite sweepingly OPP
| posed to the governments contentious
many persons precipitately arrived at
the conclusion that the government
had been woTsted 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 con-
trolling.
The De Lima case involved the
| power OF the government to collect
duty on goods imported into the
United States from Porto Rico after
the ratification of the treaty of Paris
and before the passage Of the Porto
R1con act. The court said the gov
ernment's contention in this case was
| substantially claim that Porto Rico
| is foreign territory The entire case
turned upon that contention. The
court held that the position was well
taken; that Porto Rico was not at the
time foreign territory, and that there
fore the duty which had been collect
| ed must be returned,
Went a Step Farther.
The decision in the Downes case
followed the history of the dealings
of the United States with Porto Rico
step farther. That case dealt with
the 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
constitutional.
The point of the two opinions cou-
! sidered collectively is that Porto
| Rico was never after the acquisition
of that island foreign territory; that
until congress acted upon the ques-
| ton 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 pre-
scribe the manner Of collecting the
revenues of the eountry's insular pos
sessions and has the right to Law a
duty on goods imported into our in
sular possession from the United
States or exported from them into the
| United States 1t holds in brief that
for taxation purposes they are not a
/ part Of the United States to the ex
/ tent that goods shipped between their
| ports and the United States are en-
titled to the same treatment as
though they We're shipped between
New York and New Orleans.
Justice Brown Delivered Opinions.
Justice Brown delivered the court's
opinion in both, and there We're yigor-
GUS dissenting opinions in both In
the Downes case four of the nine
members of the court united in an
6uage the opinion Of the majority in
that case. In this opposing opinion
the chief justice and Justice Harlan
presented their views in written form
Justices Gray, Shiras. White and Nc
Kenna also, while agreeing with the
conclusion announced by Justice
Brown, announced that they had
reached the conclusion by different
lines of argument, and Justices GRAY.
White and McKenna announced opin-
ions outlining their respective posi-.
tons. Justices Shiras, White and Me-
Kenna also dissented in the De Lima
case, uniting in an opinion. Justice
Gray also presented an independent
and dissenting opinion in that case
The two cases in which no conclu-
sion was announced Monday were
those known as the IA diamond rings
case and the second of the Dooley
cases. The Dooley case deals with a
phase of the Porto Ricon question
and the diamond ring case involves
the right Of the free importation of
merchandise from the Philippines to