Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1901-05-27
Supreme Court Ruling on the
Long Pending Insular
Matters.
SETTLES VITAL QUESTIONS
Effect is That the Constitu-
ton Does Not Follow
the Flag.

washington, may zf-Justlce
Brown in the United States supreme
court today announced the decision of
the court in the insular cases. The
announcement of the courts opinion
begun at 1927. The main opinion
handed down is in the Delima case
Justice Brown first announced the
courts decision on the point Of juris-
diction, holding the court had no
jurisdiction.
The Delima case involved the inn
Portation of goods into the United
States from Porto Rico after the rati-
fication of the treaty of Paris and be-
fore the passage of the Porto R'can
act. Delima & Co.. doing business
in New York. imported from San
Juan, P. R.. during the months of
June and July 1899. certain sugars,
products of Porto Rico. Upon these
sugars tie collector of New
York demanded and collected about
$4,000 as custom duties. The
Delima company sued Bidwel, collec-
tor, as an individual in the supreme
court of New York, to recover the back
duties thus paid. alleging that they
were collected by duress. the collector
exacting payment of duties as con-
dition of delivery of the sugars.
On petition of the collector the
suit was removed to the circuit court
of the United States for the southern
district CT New York, which sustained
the demurrer to the complaint. both
on the ground that no cause for ac-
tion was stated and the court had no
jurisdiction from judgment, dismis-
sing complaint of Delima & Co. to
prosecute error from this court.
Justice Browns Contention.
Justice Brown said that whether
the sugars were imported from or
into Porto Rico. the dutiable question
depends upon whether Porto Rico is a
foreign country. He held the right
to acquire territory involves the
right to govern and control il by con-
gress, but be said the country could
not be both foreign and domestic. The
opinion was opposed to the conten-
tion of the government He con-
eluded that at the time the duties
were collected Porto Rico was not
foreign country. but a territory of
the United States
Justice McKenna delivered a dis
senting opinion. He was joined by
Justices Shiras and White.
Justice Gray also dissented from
the majority opinion in the Delima
case.
In the cases Of Goetze VS. the United
States ard Crossman vs. the United
States. brought here from the circuit
court for the Southern district, the
New York test in the Goe' re case of
the validity of the levy duty on the
importation of tobacco from Porto
Rico into the United States, after the
ratification of the treaty and before
the passage of the Porto Rican act.
and in the Grossman case the duty on
liquors imported in Hawaii after the
annexation, but before the taking of
effect Of the act providing 3 govern
ment for Hawaii, the courts reversed
the judgments below for the reasons
cited in the Delima case, holding that
levy duties were UNCONSTITUTIONAL.
Justice Brown also announced an
opinion of the court in the case OF
Dooles vs.. the United States, involv-
ing the dCty leviei on goods imported
into Porto Rico from the United States
between the date of military occupa-
tion and the taking effect of the Porto
Rican tariff act. The court held that
there could be no doubt of the valid
ity of the duties levied by virtue Of
Gen. Miles order prior to the rat4 Nca-
zion of the treaty of peace. 1t pla, u
this right on the ground of militar,
necessity. With reference to the,
duties levied after the Iatifi-
cation of the peace treaty the court
said the difference in the rule applied
and it held that those duties were in
valid
Pronounced DissensIons
Justices Gray, Shiras McKeuna and
White dissented. the latter delivering
the opinion. Ju.tice White made the
announcement thatin the Do@ne sase
in which questions of the validity
of duties levied on oranges imported
from Porto Rico after the Foraker
act. ths m jJrity Of the court would.