The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1901-05-30

WASdiNGIONs ~. y. May 17.-JuSIlCe
Brown delivered the opinion of the court
in the insular case of Downes VS.. Col
lector Bidwell. of the port of New York,
in which suit was brought by Downes to
recover duties to the amount Of $65o. IS,
exacted and paid under protest upon Ger.
tain oranges consigned to the plaintiff at
New Yor X. and brought thither from the
port Of San Juan, in the Island of Porto
Rico, during the month Of November,
1900. This case involved the question
whether merchandise brought into the
port ofNew York from Porto Rico since
the passage Of the Foraker act is exempt
from duty. notwithstanding the third
section Of that act, which requires the
payment Of "Is per cent Of the duties.
which are required to be levied, collected
and paid upon the articles of merchan-
disc imported from foreign countries."
The Circuit Court Of the United States,
for the Southern District of New York
sustained the Government in this position
in imposing duty. The Sapreme Court
affirmed the opinion Of the Circuit Court,
saying:
I'VE are of the opinion that the Island
Of Porto Rico Is territory appurtenant
and belonging to the United States. but
not part Of the United States within the
revenue clause of the Constitution; that
the Foraker act il constitutional. 20 far
% it Imposes duties upon imports from
such islands, and that the plaintiff caunot
recover the duties exacted in the case"
The opinion Of the court went into the
case very fully. Justice Brown early in
his opinion outlined the distinction be-
tween this case and the Delima case,
which had Just been decided. saying:
"In the case Of Delima versus Bidwell,
We hold that upon the ratification of the
treaty Of peace with Spain, Porto Rico
ceased to be foreign country, and that
duties were no longer collectable upon
merchandise brought from that island.
We are now asked to hold that It became
part of the United States within that
provision Of the Constitution which
declares that ali duties, imports, and ex-
ports shall be uniform throughout the
United States. IfPorto Rico be part Of
the United States the Foraker act, inn
posing duties upon it, products, is uncon-
stitutional, not only by reason Of viola-
tion Of the uniformity clause. bat because
by section nine, vessels bound to or from
one state cannot be obliged to enter,
clear or pay duties in another
"rhe case also involves the broader
question whether the revenue clauses Of
the constitution extend Of their own
force 70 our newly acquired territories.
The constitution itself does not answer
the question. Its solution must be found
in the nature Of the government created
by the instrument, in the opinion Of its
contemporaries. in the practical construc-
tion put upon il by congress and in the
decisiouof this court y
The acquisition Of territory aud the
formation Of territories WAS discussed
and many authorities quoted. AZ . re-
suit cf these citations the justice laid
down the following general conclusions:
"F.rst-That the District OF Columbia
and the territories are mot states. within
the judicial clause Of the constitution
giving jurisdiction in cases between citi-
zens of dilIerent states. -
''Second - That territories are not
states. within the meaning Of the revised
statntes, section 7oo. permitting writs Of
error fron this court in CASES whers the
y ssil'-. So sA---ss.t< rf.sssS ~ ,@@s