The Denison review. [volume] (Denison, Iowa) 1867-current, 1901-05-28
island CASES DECIDED.
Supreme Court Gives the Gov
eminent the Best End.
CONGRESS THE SOLE ARglTER
Ruling Requiring Return of Collected
Duties Affects Only Transitional
Period Between Treaty Ratification
and Special Enactment.


ions were handed down in all but twc
OF the cases before that court involvin:
the relations of the United States t
its insular possessions. The TIVE
cases in which no conclusion was an
nounced were those known as the 1.
diamond rings case, and the secont
OF the Dooley cases. The undecided
Dooley case deals with a phase of the
Porto Rican question. and the diamond
rings case involves the right to the
free importation of merchandise from
the Philippines to the United States
The original intention of the court haC
been to adjourn after yesterdays sit
ting for the term, but discussion OF
the cases passed on took about hours
so the court adjourned until today
when it is presumed the remaining
cases will be passed upon. OF the
several cases decided, the two which
attracted the greatest share of atten
ton from the court were what is
known as the Delima case and that
known as the Downes case, and of these
two the opinion in the Downes case
is considered the most far reaching
as it affects our future relations
whereas the Delima case dealt with a
transitional phase Of our insular rela-
tons. The Delima case was the first
to receive the attention of the court,
and as it appeared to be quite sweep.
inly opposed to the governments con
tentions, many persons precipitately
arrived at the conclusion that the gov
eminent had been worsted all along
the line. This view suffered decided
change when the decision was received
in the Downes case. The court was
very evenly divided on both cases,
but political lines were not at all con-
trolling. The Delima case involved
the power of the government to col
lect 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 Rican act. The court said the
governments 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 not
we'll taken, that Porto Rico was not
at the time a foreign territory. and
that therefore the duty which had
been collected must be returned.
Foraker Act Changes the Situation.
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 those shipped
from Porto Rico into the United States.
In this case the court held that such
exaction was legal and co1N ifu soal.
The point of the two opinions con-
sidefed collectively is that Porto Rico
was never after the acquisition of that
island foreign territory. that until CON
gfess acted upon the question no duty
should be collected. but as soon as con-
gross outlined method of controlling
the islands revenues that action he
came binding; in other words. that
congress has power under the consti-
tuition to prescribe the manner of col
lectlng the revenues of the country's
lnsular possessions and has the right
to lay duty on goods imported into
our lnsular possessions from the
United States. It holds. in brief. that
for taxation purposes they are not a
part of the United States to the extent
that goods shipped between their ports
and the United States are entitled to
the same treatment as though they
We're shipped between New York and
New Orleans
Justice Brown delivered the courts
opinion on both and there were vigor-
Gus dissenting opinions in both. In
the Downes case four of the nine mem
bers OF the court united in an opinion.
characterizing in strong language the
opinion of the majority in that case
IN this opposing opinion the chief
justice and Justices Harlan. Brewer
and Pectham united ana the chief
justice and Justice Harlan presented
their views in written form. Justices
Gray. Shiras, White and McKenna also
while agreeing with the conclusion an
nounced by Justice Brown announced
that they had reached the conclusion
by different lines of argSment. and
Justices Gray, White and McKenna an
nounced. opinions outlining their re-
spectiye positions. Justice Shiras
White and McKenna also dissented in
the Delima case, uniting in an opinion.
Justice Gray also presented an hide
pendent and dissenting opinion in that
case.
The other cases decided by the
court We're the Cote VS.. the United
States, involving duties on tmDorta-
tons from Porto Rico, and Crossman
VS.. the United States, duties on
Hawaiian imports being involved. IN
these two cases the Delinla decision
was followed and assessment of duties
prior to enactment of legislation for
the islands held Illegal.
The assessment of duties was mart
ly sustained and partly upheld in the
cases of DQOlQy and Arnctr,,,,. q,