The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-05-27
of the United States sent them for that

of the United States sent them for that
purpose"
Justice Brown also announced the
opinion of the court in the case Of
Dooley VS.. the United States, involving
the validity of a duty levied on goods inn
ported into Porto Rico from the United
States between the date of military oc-
cupation and the taking effect Of the
Porto Rico tariff act. The court held
that there could be no doubt of the
validity of the duties levied by virtue
of General Miles order prior to the ratt-
fication of the treaty of peace. It placed
this right on the ground of military ne
cessity.
With reference to duties levied after
ratification of the peace treaty, the court
said different rule applied. and It heli
these duties invalid.
Justices Gray. Shiras. McKenna AMI
White dssented. the latter deliverins
the opinion. ....,..,... ... ....-
Territory thus acquired ran remain
a foreign country under the tariff laws
only upon one of two theories; either
that the word foreign applies to such
countries as were foreign at the time
the statute was enacted, notwithstand-
ing any. subsequent change in their con-
dition or that they remain foreign un-
der the. tariff laws until congress has
formally embraced them within the GUS
toms union of the states.
the first theory is obviously unten-
able. While statute is presumed to
speak from the time of it's enactment it
embraces all such persons or things as
subsequently fall within it's scope, and
ceases to apply to such as thereafter
fall without scope.
THE theory that country remains
foreign with respect to the tariff laws
until congress has acted by embracing
it within the customs union presupposes
that country may be domestic for one
purpose and foreign for another. 1t may
| undoubtedly become necessary for the
adequate administration Of a domestic
/ territory to pass a special act providing
the proper machinery and officers as the
president would have no authority, ex-
cept under the war power to administer
| it himself; but no act is necessary to
make it domestic territory if once it has
been ceded to the United States. We
| express no opinion as to whether con-
gress is bound to approriate the money
| to pay for it,"
| Justice McKenna delivered the dissent
ing opinion of the supreme court in the
| insular cases. He was Joined in tina,
| opinion by Justices Shiras and White.
| Justice McKenna went into detailed
! examination of the cases cited in the
majority opinion. He maintained that
they did not show a clear current of
| decision, but disclosed much di-
vergence of view. He referred also to
the fact that precedents not in conso~
nance with the majority view were now
dismissed as dictum and not binding
opinion. He spoke of the dangers at
tending the dismissal of judicial opinion
as dictum, and of the greater danger
| when such course may interfere or had
| interfered with the act of a nation. Con-
stancy and certainty of judicial opinion
was of the highest Importance, the JUS
| tice declared, and they should not be
like the "exhalations of a marsh shining
| mistily."
| Justice McKenna's examination of the
! many precedents was exhaustive and al.
most an hour was given to showing to
what extent the circumstances of each
case bore on the present condition in
| Porto Rico.