The Red Cloud chief., 1901-05-31
United States Supreme Court
Hands Down Opinions.
MAKES Epoch IN 0OUNTRY'S HISTORY
Membe xpress Convictions on
Extent to Which
CONSTITUTION MUST FOLLOW FLAG
Decision In a Measure Gives Comfort To
Both sides -Duties In DeIimp Case
Wrongfuily Levicd-Goycrnmcnt
Sustained la Downes Case
Philippine Cases Next

In the nited states Supreme court
Monday last opinions were handed
down in all hut two of the eases before
that court involving the relation Of the
United States to tsinsular possessions.
The two eases in which no conclusion
was was those known as
the fourteen diamond rings ease aud
the second of the Doolcy eases. The
undecided Doolcy ease deals with n
phase of the Porto Rican question and
the diamond rings ease involves the
right To the free importation of mcr-
chandise from the Philippines To the
United States.
OF the several cases decided the two
which attracted the greatest share of
attention from the court were what is
known as the de Lima case aud those
known as the Downes ease and Of
those W the Downes ease is consider
ed the most far-rcaching as it affects
u future relations. The de Lima
case dealt with n transitional phase Of
II insular relations.
The de Lima ease was the first to re-
ccive the attention of the court and as
1t appeared to be- quite sw%ccpingly OPP
posed To the governments contentious.
many persons prccipitatcly arrived at
the conclusion hat the government
had been worstcd all along the line.
This view suffered a decided change
when the conclusion was announced
in the Downcs ease. The court was
very evenly divided ON both cases.
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 rati-
tication of the treaty of Paris and he
fore the passage of the Porto Uican
act. The court said the government 5
contention in the case was substantial
~ a claim that Porto Rico is foreign
territory. The entire ease turned up
ON that contention. The court held
that the position was not well taken;
that Porto Rico was not at the time
foreign territory and that therefore
the duty which had been collected
must be returned.
The decision of the Downes ease fol
lowed the history of the dealings of tn,
United States with Porto Rico IA stcr
farther.
That case dealt with the legality of
the cxaction of duty on goods imported
from Porto Rico into New York after
the passage of the Foraker act pro-
viding for a duty upon goods shipped
from the United States into Porto Rice
and also OF those shipped from Port,
Rico to the United States. In thi'
case the court held that such cXactior
was legal and constitutional.
The point of the two opinions con
sidcred collectively is that Porto Rice
was never after the acquisition of tina
island foreign territory; that unit
congress acted upon the question ne
duty could be collected. but as soor
as congress outlined a method of con.
trolling the islands revenues that ac
ton became binding. In other words
that congress has power under the con
stitution to prescribe the manner q
collecting the of the coun
try's insular possessions and has tn
right to lay Il duty on goods imported
into our insular possessions from thu
United States or exported from then
into the United States. 1t holds, il
brief, that for taxation purposes the,
are not a part of the United States L
the extent that goods shipped between
their ports and the United States ar,
entitled to the same treatment n
thouph they were Skinned betVpp
New York and New Orleans.
Justice Brown delivered the court
opinion in both and there were vigoi
Gus dissenting opinions in both. i
the Downes ease four of the nine men
bers of the court united in an opinio
characterizing in strong language tn
opinion of the majority in that cas-,
In this opposing opinion the chief ju'
tice and Justices Harlan. Brewer an
Peckham united, and the chief justi,
and Justice Harlan presented the
views in written form. justices Gra,
Shiras, White and McKcnna, als'
while agreeing with the conclusio
announced by Justice Brown, al
nounced hat they had reached Il
conclusion by different line of arg,
ment, and Justices Gray, White An
McKenna announced opinions outlil
ing their respective positions.
Justices Shiras, White and McKcnr
also dissented in the de Lima cas-
Justice Gray also presented an ind
pendent and dissenting opinion in tn;
case.