The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-28
CONSTITUTION DOES NOT
NECESSARILY FOLLOW FLAG

case, reversed the judgments of the court
below in the cases of Goethe VS.. the Unit
ed States and Crossman rs. the United
States, both brought here from the Unit
ed States court for the Southern district
of New York. In the Goethe case duty
levied on an importation of tobacco from
Porto Rico into the United States on
June g. 1899, after the ratification of the
peace treaty, and before the passage of
the Porto Rican act was involved, and
in the Crossman case the levy of a duty
on an Importation of liquors from Hawaii
into the United States III April, 1890, after
the passage of the Hawaiian annexation
resolution, and before the taking eff5ct
of the act providing a government for
Hawaii In each case the board Of gen
eral appraisers held the importation du-
TABLE and in each case this Gecizion
was reversed
The court then passed On the case Of
Dooley VS.. the United States, being an
action brought to recover certa n duties
paid under protest at San Juan on i'm
portations from New York between July
26. 1898, and May l. 1869. The first ques-
ton was whether this action being to
recover back money from the United
States, should not have been brought in
the court of claims, but the court hell
it was properly brought before the Unit
ed States district court for Southern New
York. The court said the duties assessed
We're of three classes, those levied I'M
der Gen. Miles order extending the Span
ish regulations pending further action,
those prescribed by the commaaGer-tn-
chief, the president, until the cession
of the island, and third, those subse-
quently levied. The court said there
could be no doubt as to the lawful eX-
action of duty under the war power.
While the treaty of peace was signed
Dec. u, 1898, it did not take effecs until
ratification. The authority Of the Spanish
government was superseded, but the nee
essity for revenue did not cease The gov
eminent must be carried on, and there
was no authority left hut tie military
authority The most natural method of
raising revenue was by continuing the
Spanish duties. Gen. Miles, in adopting
this method, was fully justifeI by the
laws of war. Different considerations ap-
ply from the date of notice of ratTica ion
of the treaty of peace. Porto Rio then
ceased to be foreign country, and the
right of the collector to exact duties
ceased with the exchange of ra LEGATIONS
though the right to administer the gov
eminent Of course, continued From the
moment the United States ceased to be a
foreign country, with respect to Porto
Rico, and until congress acted imDorta-
tions were free from levy Of duty
whether from one place to the other or
vice versa. In our opinion the authority
of the commander-in-chief ceased with
the ratification of the treaty of peace,
and the right to free entry of goods con-
tinued until congress constitutionally
acted. The decision for this reason will
be reversed.
Justices Gray. Shiras, White and Nc
Kenna dissented. The dissent was based
on the ground that Porto Rico did not
ipso facto become a part Of the United
States, so far as the tariff laws are con-
cerned the moment the treaty Of peace
was ratified.
The case of Armstrong VS.. the United
States, involving the validity of a duty
assessed on goods shipped to Porto Rico
during the military occupation, and part
ly before and partly after ratification Of
the treaty, was decided on the lines of
the Dooley case, the court dividing as in
the latter case.