The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1901-06-12

to Rico Justice Brown held that Con-
gress has authority to control such
territory. Indeed it is" he said.
scarcely too much to say that there
has not been a session Of Congress
since the territory of Louisiana was
purchased that that body has not en-
acted legislation based upon the as
sumed authority to govern and con-
troll the territory. 1t is an authority
which arises, not necessarily from the
territorial clauses of the Constitution,
but from the necessities Of the case
and from the inability Of the States
ceedings in consonauce with this opln-
ion.'
In the course Of his reasoning on
the manner of the acquisition OF Por'
to act upon the subject.
"Under that power Congress may
deal with territory acquired by treaty;
may administer it's government rs 1t
does that of the District Of Columbia;
it may organize local territorial gov
ernment; it may admit 1t as STATE
upon equality with other States; II
may sell it's public ownings to indiTid-
ual citizens or may donate them as
homesteads to actual settlers. In
short, when once acquired by treaty
il belongs to the United States and
is subject to the disposition OF Con-
gress.
TERRITORY thus acquired can re-
main a foreign country under the
tariff laws only on one Of two theo..
ries-either that the word foreign
applies to such countries as We're for
eign at the time the statute was en-
acted, Notwithstanding any suDse-
quent change in their condition, or
that they remain foreign under the
tariff laws until Congress has FORM
ally embraced them within the Gus
toms union of the States.
"The first theory Is obviously un-
tenable. While statute is presumed
to speak from the time Of Its enact
ment, it embraces such persons
or things as subsequently fall within
it's scope and ceases to apply to such
as thereafter fall within its scope.
'The theory that a country remains
foreign with respect to the tariff laws
until Congress had acted by embrac-
ing it within the customs union pre-
supposes that a country may be
domestic for one purpose and foreign
for another. 1t may undoubtedly be-
come necessary for the adequate ad'
ministration of a domestic territory
to pass q special act providing the
proper machinery and officers, as the
President would have no authority eX-
cept under the war power to admin
lister it himself; but no act Is neces-
saary to make it domestic territory
if once it has been ceded to the Uni
ted States. We express no opinion
as to whether Congress Is bound to
appropriate the money to pay for It."
Justice Brown also announced the
opinion Of the Court in the case Of
Dooley vs.. the United States involving
the validity of a duty levied on goods
imported into Porto Rico from the
United States between the date Of
military occupation and the taking eft.
feet of the Porto Rican tariff act.
The Court held that there could be
no doubt of the validity of the duties
levied by virtue of General Miles's
order prior to the ratification Of the
treaty of peace. 1t placed that right
on the ground Of military necessity.
With reference to duties levied after
the ratification of the peace treaty the
Court said a different rule applied,
and it held those duties invalid.
Justice McKenna delivered the dis
senting opinion. He was Joined in that
by Justices Shiras. White and Gray.
Justice McKenna's examination Of
the many p-ecedents was exhaustive
and almost an hour was given to
shoW.ag to what extent the circum-
stancs.I of each case bore on the pres
ent conditions in Porto Rico.