Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-28
OUR TERRITORY II
Supreme Court So Decides in
Famous lnsuIar Cases.
Territory Cannot Be Foreign and
Domestic at the Same Time.
Tariff Cannot Be Levied and Lower Court
Decisions are Reversed.

Washington, May Elm the United
States supreme court, today. opinions
were handed down in all but two Of
the cases before that court involving
the relation of the United States to it's
insular possessions. The two cases in
which no conclusion was announced
were those known as the IA diamond
rings case and the second of the Doc
ley cases. The undecided Dooley case
deals with a phase of the Porto Rican
question and the diamond ring case in
wolves the right to the free importa-
ton Of merchandise from the Philip
pines to the United States. Tomorrow,
it is presumed the remaining cases will
be passed on.
The two cases which attracted the
greatest share of attention from the
court were what is known as the De
Lima case and that known as the
Downes case and Of these two, the
opinion in the Downes case is cOnsid-
cred the most far reaching, as ii af
fects our future relations, whereas the
De Lima case dealt with a transitional
phase of our insular relations. The
court was very evenly divided on both
cases but political lines were not at all
controlling.
The De Lima case involved the power
of the government to collect a 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
hot ;,,
The entire case turned upon that con-
tention. The court held that the posi-
ton was not well taken: that Porto
Rico was not at the time foreign ter
ritory and that therefore the duty
which had been collected must be re-
turned.
The Downcs case dealt with the le-
gality Of the exaction of duties on
goods imported from Porto Rico in
New York after the passage of the
Foraker act providing for a duty upon
goods shipped from the United States
into Porto Rico and also those shipped
from Porto Rico to the United States.
In this case the court held that such
eXaction was legal and constitutional.
The point of the two opinions con-
sidered collectively is that Porto Rico
was never after the acquisition of that
island foreign territory: that until
Congress acted upon the question no
duty could be collected, but that as
soon as Congress outlined a method of
controlling the islands revenue that
action became binding: that in other
words that Congress has power under
the constitution to prescribe the man.
ner Of collecting the revenues of the
country's insular possessions and has
the right to lay duty on goods i'm
ported into our insular possessions
from the United States or exported
from them into the United States. 1t
holds in brief that for taxation pur-
poses they are not part of the Unit
ed States to the extent that goods
shipped between their ports and the
United States are entitled to the same
treatment as though they were ship
ped between New York and New Or
leans
In the Downes case four Of the nine
members of the court united in an
opinion characterizing in strong Ian
guage the opinion of the ma jority in
that case. In this opposing opinion the
chief justice and Justices Harlan,
Brewer and Peckham united and the
chief justice and Justice Harlan pre-
sented their views in writing. Justices
Cray. Shiras. White and McKenna al
so, while agreeing to the conclusion,
announced by Justice Brown, annoInc-
ed that they had reached the conC!u-
sion by different lines of argument and
Justices Gray. White and McKenna
announced opinions outlining their re-
spcctivc opinions. Justice Shiras,
White and McKenna also dissented in
the De Lima case. uniting in an opin-
ion. Justice Gray also presented an in
dependent and dissenting opinion in
that case.
Washington. May 27.-The other
cases decided were those Of Goethe VS..
the United States, involving duties on
importations from Porto Rico. and
Crossman VS.. the United States, duties
on Hawaiian imports being involved.
In these two cases the De Lima deci-
sion was followed and assessment Of
duties prior to enactment of legislation
for the islands held illegal.
The assessment of duties was partly
sustained and partly upheld in the
cases of Dooley and Armstrong VS..
the United States. The duties were held
legal when made during military occu-
patton of Porto Rico and prior to rati-
ficatiOn Of the peace treaty but lille
gal when levied after the peace treaty
but prior to the passage of the Foraker
act.
The first case decided was that of
Elias S. A. De Lima ct al. plaintiffs
in error against George r. Bidwell. col
lector of the port of New York. the case
coming to the supreme court from the
circuit court of the United States of the
state of New York. The decision was
rendered on behalf of the majority of
the court by Mr.. Justice Brown, the
opinion being concurred in by all the
justices except Justices McKenna, Shi-
ras and White.
The decision hung upon the case
coming from the state of New York
involving the levying Of $4,000 in du
ties on goods imported from Porto
Rico into the United States. the col
lection of the duty having been sus-
lained by the lower court. al!
In effect the decision was that terri y
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