New-York tribune., 1901-05-28
OPINION IN DOWNES CASE.
CONSTITUTIONALITY OF THE FORAKER
LAW AFFIRMED.

Washington. May 27-Justice Brown deIiv-
| cred the opinion of the court in the case of
| Downes against Collector Bidweu of the port
| of New-York. in which suit was brought By
| Dow mes to recover hack duties to the amount Of
I S659.O35 exacted and paid under protest on cer-
tain oranges consigned 10 the plaintiff at New
York, and brought thither from the port of San
Juan, in the island of Porto Rico in the month
of November. 1900 This case involved the ques-
ton whether merchandise brought into the port
Of New-York from Porto Rico since the passage
of the Foraker act is exempt from duty. not
withstandng the third section Of that act, which
requires the payment of 10 per cent of the
duties which required to be levied collected
and paid upon like articles of merchandise i'm
ported from foreign countries" The Circuit
Court of the United States Cor the Southern
District Of New-York sustained the government
in this position in imposing duty.
SUSTAINING THE GOVERNMENT
The Supreme Court affirmed the opinion oe
the Circuit Court saying:
We of opinion that the island of Porto
Rico is territory appurtenant and belong
Ing to the United states. but not n part of the
United states within the revenue clause OF
the constitution; that the Foraker act is con-
stitutionaI, far il imposes duties upon
imports from sueh island, and that the plain
tin cannot recover back the duties exacted
in this case
The opinion OF the court went into the case
very fully, Justice Brown early outlined the
distinction between this case and the De Lima
case. which had just been decided, saying:
In the case of De Lima against Bidweu. 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
cOlleCtible upon merchandise brought from that
island. We are now asked 10 hold that il be-
came part of the United states within that
provision of the constitution which declares
that all duties imposts and excises shall be
rhrOn2lOnt
Porto Rico be part of the United States. the
Foraker act imposing duties upon its products
is unconstitutional not only by reason of a
violation of the uniformity clause. but because
by Section vessels bound TO from
State cannot be obliged 10 enter. clear pay
duties in another
The case also involves the broader question
whether the revenue clauses of the constitution
extend of their own force TO our newly
quired territories. The constitution itself does
not answer the question It's solution must be
found in the nature OF the government created
by that instrument. in the opinion of it's con-
temporaries. in the practical construction put
upon it by Congress and in the decisions of this
court
Justice Brown then entered upon review OF
the formation of the government and the con-
sttutional provision requiring that duties i'm
posts and excis>s shall be uniform throughout
the United St@.ss." saying that 1T is explained
by subsequent provisions of the constitution
that no tax duty shall be laid on articles
exported from any State and no preference
Snall De gwen DE any reSuaJlOn or commerce.
or revenue to the ports of one State over those
of another; nor shall vessels bound to or from,
one State be obliged 10 enter clear or paw du-
ties in another" " In short, he concluded on that
Point, ''The constitution deals with States their
people and their representatives"
THE COURTS CONCLUSIONS.
The acquisition of territory and the formation
of territories were discussed and many authorf-
ties were quoted AS result OF these citations
the justice laid down the following general con-
clusions:
Eliminating then from the opinions of this
court all expressions unnecessary TO the disposi-
ton of the particular case and cleaning there
from the exact point decided in each, the fol-
lowing propositions may be considered as estab-
Hshed:
First-That the District of Columbia and
the Territories not States. within the
judicial clause of the constitution giving
jurisdictfon In cases between citizens of difA
ferent States
Second-That Territories States
within the IN aiming of Revised Statutes. Sec-
ffOn 700, permitting wrtts of error from fhas
court in cases where the validity of . state
statute II drawn In question.
Thtrd-That the Dtatrict of Columbia ma
the Territoriss are States. - that reyl n