Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1901-05-30
PART UNITED
So Says Supreme Court as
to Porto Rico
Highest Tribunal Passes
Upon Insular Cases
Possessions Not "FOreign'=
Some Dissent


were followed from start to finish with
keen interest.
The decision in the De Lima case
hung upon the levying of $4,000 in
duties on goods imported from Porto
Rico into the United States, the col
lection of duty having been sustained
by the lower court
At great length the court then dis
cussed similar cases arising from
previous acquisitions of territory by
the United States reviewing fully for
mer decisions of the court, involving
questions such as are presented in
this case and concludes there is not
shred of authority except the dictum
in Fleming VS.. Page, for holding that
the district ceded to and in possession
of the United States remains for any
purpose a foreign country. Posses
held in Fleming VS.. Page; nor is trea-
ity ceding such territory sufficient
without the surrender of possession
'It follows from this that by the rat
ification Of the treaty of Paris the
island became territory of the United
States-although not an organized
territory in the technical sense of the
word.
at is scarcely too much to say that
there has not been a session OF con-
gress since the territory of Louisiana
was purchased, that that body has not
enacted legislation based upon the as
sumed authority to govern and control
! territories. Under this power con
gress may deal with territory acquired
! by treaty; may administer it's govern.
ment as it does that of the District of
! Columbia; it may organize local terri
| torial government; it may admit it as
! a state upon an equality with other
states; it may sell it's public lands to
individual clIizens or may donate them
as homesteads to actual settlers. In
short, when once acquired by treaty
it belongs to the United States and is
! subject to the disposition of congress
! I'VE are therefore of the opinion that
at the time these duties were levied
Porto Rico was not foreign country
within the meaning of the tariff laws
but territory of the United States and
the duties were illegally eXacted and
that plaintiffs are entitled to recover
them back"
In the case of Downes VS.. Collector
Bidwell, in which suit was brought by
Downes to recover back duties paid
| %,
consigned to the plaintiff brought from
! Porto Rico in November, 1900, is in
volved the question whether merchan
disc brought into New York from
4 Porto Rico since the passage of the
Foraker act is exempt from duty. The
circuit court Of the United States fol
the southern district Of New York sus
tanned the government in imposing the
duty.
The supreme court affirmed The
opinion of the circuit court saying
, I'VE are Of the opinion the island Of
, Porto Ric isterritor appurtenant anC
!, belonging to the United States but no
part of the United States within the
, revenue clause of the constitution an(
that the Foraker act is constitutional
so far as it imposes duties upon i'm
! ports from such islands and that tht
plaintiff cannot recover back dut. e.
: exacted in this case"
Justice Harlan in announcing con
: curence with the dissenting opinion de
j, livered by the chief justice in the
+ Downes case said: 81 take leave tC
| say that if the principles now an
, nounced should ever receive the sane
5 ton of a majority of this court, the re
| suit would be a radical and mischiev
5 Gus change in our system of govern
r ment. We will, in that event, pass
r from an era of constitutional liberty
: guarded and protected by written con
: stitution, into an era Of legislative alb
5 solutism, in respect of many rights
: that are dear to all peoples who love
i freedom.
/ In my opinion, congress has no eX
istence and can exercise no authority
4 outside the constitution. Still less is
e it true that congress can deal with
5 new territories just as other nations
e have done or may do with their new
e territories, which is the supreme Law
el of land and the only source of the
V powers which our government, or any
branch Or officer of it, may exercise a
5 any time or at any place. The ides
: that this country may acquire terri
n tories anywhere upon earth by con
e quest or treaty and hold them as mere
T colonies or provinces, is wholly incon
/ sistent with the spirit and genius. a:
well as with the words of the constitu
l. ton and it will be an evil day 70
American liberty when the theory o
l. government outside Of the supreme
:. law of the land finds Judgment in ou
constitutional jurisprudence"
: Justice Harlan also commented OF
: the idea that congress could 'legislat,
; the constitution into contiguous terri
4 tory Such a view, he said, nigh
= well cause surprise. Congress had M
: existence except by virtue of tie con
stitution.