The daily journal. (Salem, Or.) 1899-1903, 1901-05-28
FULLER TEXT OF
THE OPINION
Of the United States Supreme Court
On Porto Rico.
You Can Read for Yourself and Form
Your Own Opinion.

Justice Brown concluded as follows:
III an act OF Congress be necessary TO
convert foreign country into domestic
territory, the question at once suggests
the question, What is the character OF
the legislation demanded for this pur'
poser will an act appropriating money
for it's purchase be sufficient Appar-
emily not. will an act appropriating
the duties collected upon imports TO ana
from such country for the benefit OF its
government be sufficient Apparently
not. Will acts making appropriations
for it's postal service, for the establish
ment of light houses, Tor the malnten-
ance of quarantine stations, for erecting
rublic buildings, have that effectP vii
an act establishing complete local gov
ernment, but with the reservation of a
right to collect duties upon commerce
I be adequate for that purpose2 None Of
these, nor all together will be sufficient,
/ il the contention of the Government be
sound, since acts embracing all these
pIONlbloun hdNo beSh paooON ~ NShiiNN
ton with Porto Rico, and il is insisted
that it is still foreign country within
! the meaning of the tariff laws We are
unable to acquiesce in this assumption
that territory may be at the same time
both foreign and domestic.
1--WE are. therefore, of the opinion
that at the time these duties were
levied, Porto Rico was not a foreign
country within the meaning of the tariff
laws, but a territory OF the United
States that the duties we're illegally ex'
acted, aud that the plaintiffs are enti-
tied to recover them back.
"The Judgment of the circuit court for
the Southern District of New York, is
therefore reversed and the case remanded
TO that court for further proceedings in
consonance with this opinion"
The Delima case involved the importa.
tion of goods into the United States from
Porto Rico after the ratification Of the
treaty of Paris and before the passage Of
the Porto Rican act, Delima & Co., do
ing business in New York, imported
from San Juan, Porso Rico, during the
months OF June and July, 1899, certain
sugars, the product of Porto Rico.
Upon these sugars the Collector at New
York demanded and collected about
$l3, 600 as customs duties.
Delma Il Co. sued Bidwell, the col
lector, as an individual, in the Supreme
Court of the State of New York, TO re-
cover the duties thus paid, amounting to
sl3, l45, alleging that they were unlaw-
iully demanded, in violation of the Con-
stitution, sand collected by duress, the
collector eXacting the payment OF duties
rs condition TO the delivery Of the
sugars. On the petition of the collector
Court OF the United States for the
southern district OF New York, which
demurrer TO the complaint
both on the ground that no cause for
action was stated aud that the court had
no jurisdiution. From the judgment
the complaint Delima Il Co.,
error from this court.
In the course Of HE reasoning on the
manner OF the acquisition OF Porto Rico.
Justice Brown held that Congress has
authority TO contrel such territory.
Indeed, it is scarcely to much to
say," he said, "that there has not been
/ session of Congress since the Territory
of Louisiana:was purchased that that
body has not enacted legislation based
ipon the assumed authority to give and
control the territory. 1t is an authority
which arises, not necessarily from the
territorial clause OF the Constitution, but
rom the necessities Of the case, and from
he inability OF the states to act upon