The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1901-12-10
UP TO JUSTICE BROWN.

- INCE the decision of the Supreme Court in the
so-called diamond rings case" has followed the
~ precedent set by the court in the decision of
the Porto Rico last spring it has occasioned
comparatively little comment. In fact it was in the
nature of foregone conclusion. Such interest as
exists in the therefore turns rather upon what
was not decided than Upon what 1t decided
that duties be collected upon goods imported
into this country from the Philippines the law
stands but it was not decided whether or no duties
upon goods sent to the Philippines from the United
States may be collected at Philippine ports. That
and other questions arising from our relations to the
Philippines will have to up sooner or later.
What decision will be pronounced upon them is
known only to Mr.. Justice Brown On all of these
cases he is virtually the Supreme Court 1t is up
to him TO decide.
The position of Justice Brown is unique The re-
naming Justices of the court are divided on the
question of the relation OF our island possessions to
the rest of the country Justice Brown holds the
balance of power and he holds it impartiay for he
favors one side about as often as the other He may
not be strictly consistent in his views but he I'M
questionably fair and gives everybody chance
In the De Lima case decided last spring Chief
Justice Fuller and Justices Harlan, Peckham and
Brewer held that Immediately upon the ratification
of the treaty of peace Porto Rico ceased to be for
eign territory and became domestic. Brown agreed
with them, and consequently Shras White, Gray and
McKenna left in minority. In the Downes
case it was held by Shiras, White Gray and Peck
ham that Congress has power to impose customs
duties upon trade between this country and Porto
Rico and Brown agreed with them, consequently that
| time it was the Chief Justice and Harlan, McKenna
and Brewer who made up the minority. In the Phil
ppne the relative positions of the Justices re-
turn to what they in the De Lima case, and
once more it is Justice Brown who makes the de-
cision and determines the law of the land.
The situation is not conducive to confidence in
the court. 1t is evident facing problems in
which the highest tribunal in the country is so equal
y divided there is of forecasting what de-
cisions will be given upon such new issues as will
inevitably arise. -Four Justices believe the islands
have become part of the United States and must be
governed by Congress in accord with the constitu-
tion that their people must enjoy full freedom OF
trade with other portions of the country. Four other
Justices hold that the islands are not part of the
United States at least that they are not domestic
territory within the meaning of the tariff act Justice
Brown holds intermediate position and decides
that the islands became domestic as soon as the treaty
of peace ratified but that Congress can establish
a separate tariff for them if it pleases
1t has been said by lawyers that the decisions viz
tualy give three kinds of territory and three kinds
of citizens. First, the States whose citizens are
clothed with full powers of sovereignty and self
government; second incorporated Territories whose