The daily morning journal and courier., 1901-05-28
FORAKER CLAIMS VICTORY
DECLARES GOVERNMENT IS SUS-
 T1INEDIN s SUPREME QUESTION.

Also That the Constitution Does No
 Follow the Flag and That Congres
 stitution to Govern 1nsular Acqui
 sttions-Position of the Republican
 Party Declared Completely yindi'
 cated.
 New York, May 27.--Senator J. B
 Foraker was seen tonight at the Wal
 dorf-Astoria and made the following
 statement concerning the decisions of
 the supreme court:
 There seems to be some confusion in the newspaper reports of the decisions
 rendered by the supreme court in the insular cases owing to the fact that a
 number Of cases were considered and
 disposed of at the same time, each ex-
 pressing a different question and alto
 gether supposed to cover the various
 questions that have been raised with
 respect to the constitutional power of
 congress to legislate for the new acqui-
 sitions. It is unnecessary to speak of
 these cases in detail or to point out
 specifically the several questions dis
 posed of in order to get the effect of
 what the court has held.
 | "In order that the decision may be l fully understood it is necessary to bear in mind that Porto Rico has passed through three distinct periods that have relations to these cases. Tn the first place, prior to the Spanish-Ameri- can war Porto Rico was province of Spain and as such foreign territory in every sense Of the word The island remained foreign territory in legal sense notwithstanding our conquest and military occupation and govern ment until the ratification of treaty of peace when it ceased to be foreign ter pendency of the United States, but not a part of the United States. Being de- territory as a-distinguished from foreign territory It is domestic terri tory still but it underwent a further change in it's legal relation to this coun- try when congress enacte ed the law of April 12, 1900, providing civil govern ment and tariff duties for the support of the same. Since April 12, 1900 it is territory belonging to the United States with respect of which congress has en- acted legislation fixing the status Of its inhabitants, providing government for them and providing assistance for the necessary revenue to support the same. Between the ratification of the treaty ce peace and this legislation of April 12, 1900. it was territory Of the United States with respect of which had not exercised any power whatever by legislation or otherwise.
 What the court decided was that while we were occupying Porto Rico, prior to the ratification of the treaty of peace, 1t was foreign territory and our occupation and government was and all that was done was in the nature of a military occupation, necessary and valid on that account. that from and after the ratification of the treaty os peace 1t was not longer foreign territory, but domestic territory within the meaning of our tariff law, 1 according to which tariff duties can be | only on importations from for a1gn countries and that consequently l the duties collected on imports from | Porto Rico after the ratification of the ! treaty of peace and prior to April 12, 1900, when congress first lagislatej, were illegally ollected-illegally col | ected, however, not because congress vas without constitutional power to impose such duties on importations rom Porto Rico, but because during hat period congress had not 50 Iegis- ated.
 ''The third proposition decided by the court and the one of supreme import ince was that Porto Rico being ter 'itory of the United States is not part if the United States, but only territory belonging to the United States, and hat it is therefore within the consti- utional power of congress to so legis- ate with respect to it. including the imposition of tariff duties as it may see 1t, and the congress having so legis- ated on the 18th day of April, 1900 the provisions of that law are valid and to ,e upheld and enforced; in other words he effect of the decision is that the constitution does not follow the flag nd that congress has plenary power nder the constitution to govern our , nsular acquisitions according to their everal necessities. The supreme court oes even farther and says that if there ,ere no constitutional provisions in- esting congress with this power it 1 7ould nevertheless 'ex-necessitate,' ' ave this power since the states acting I I the statal capacity could not pro- c idle the necessary legislation and po- tical sovereignty which can be exer- ised only by the political department the government. "The decision is a complete vndica- on of the position held by the repub- d can party with respect to the power t f congress to legislate for Porto Rico | nd the Philippines and settle it once nd for all that the United States is le equal in sovereign power of any \ ther independent government" D
 storti Gets a Respite. < Wa shineton. May 27-The Tinted 1