Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-12-05
The Philippines Decision.

ftf7 DC(totohs
The Supreme Court, Monday, by a
vote Of to 4, decided that the Philip
pine Islands are part of the United
States, and that the oolleotion Of duties
on goods brought from those islands
into this country is illegal 1t also
decided, however, that Congress has q
right to Impose tariff duty on imports
from the Philippines, as lie done with
imports from Porto Rico, under the
Foraker Law.
The decision was In respect of what
is known as the Fourteen Diamonds
case, {" involving an appeal from the
imposition Of duty upon fourteen
diamonds brought from the Philippines
to this country by returning soldier.
The opinion OF the court was delivered
BY Chisf Justice Fuller. Justices Peck
ham, HarlHn and Brewer con SURFING In
the opinion throughout and Justice
Brown ooncurring in the conclusion but
dissenting from the reasoning by which
this conclusion was reached by his
a5sooistes. In the Porto Rican case
the opinion was delivered by Justice
Brown and concurred in by Justices
Gray, Shiras and McKenns, with
Justice White ooncurring iE the con.
clusion but dissenting from the line Of
argument.
Tho effect Of the Philippines decision
Is 20 recognize the Philippine Islands
az part of the United States and to
declare Illegal the collection Of duties
ON goods imported from those islands to
this county. The reasoning of four of
the justices In reaching this opinion is
that as q part of the United States the
Philippines cannot, under the Consti-
sutton. be Disseminated against in the
matter of tariffs and Federal taxation.
The fifth justice-Mr. Brown-con
curing In the conclusion hoIde to the
right of Congress to impose tariff
duty upon Philippine products. and
bases his concurrence In the decision
upon the absence OF legislation by Con
gresa imposing the duties.
The effect of tho Porto Rican decision
IL to recognize the right Of the govern
ment to impose tariff duty upon
products Of one part Of the United
States imported to another part of the
United States and to sustain the con
stitptionality Of the Foraker act. 10
this Justice Brown has the support of
the four justices who dissented from
the Philippine decision, and the four
withAwhom he joined In that decision
ssent from him In this
Taken together, the two decisions
or opinions deprive tine government at
this time of collecting duties on Philip
pins products, but recognize the right
Of Congress to impose such duties by
legislation.
Tie result OF the decision will be to
open the tariff question during the
present session OF Congress, rotwItn-
standing it had boon the intention Of
the radical Republican managers not
to permit it to be brought up, and to
defeat even the reciprocity treaties,
which would have opened it to very
material extent. Now that all imports
from the Philippine Islands must be
admitted free of duty until Congress
legislates tariff. for Theses islands, as
1t did in the case of Porto Rico, the
protected interests will clsmor for de-
cisive action &C the earliest possible
moment. They will not be content to
have FREQ trade with tho Philippine
Islands day logger than necessary.
Another matter that will spur the
projected interests to frantic desire
for speedy action is q clause 10 tn.
Treaty OF Paris, by which the Philip.
Pine Islands we're ceded to this country
In consideration of $40, 900, 600, which
reads az follows: 1.-THE United States
will, for the term Of ten years from the
date of the exchange of the ratification
OF the present treaty, admit Spanish
ships and merchandise to the ports o.
tns Philippine Islands on the SAINT
forms as ships and merchandise of tn,
United States. - Now thar there mus
be free trade between the United States
End the Philippines until Congress leg
islates to the contrary, there must alst
be free trade between Spain and tn,
Philippines during the same time, ant
every country in Europe that desire
free trade with the Philippines may d.
90 by the shipment and reception o
goods to and from the Philippines b,
way Of the ports of Spain, and ma,
.lso secure free trade with the United
States by shipping goods by way o
Spain and the Philippines.
This Is far more serious blow to tn
protection system than was the situa
tion with respect to Porto Rico. as tn,
4 Philippines are many times more popu
lors than Porto Rico and have trad
infinitely greater.
Perhaps the selfish interests involved
may induce Congress at last to dea
Justly by the people OF the Philippine
Islands. II These islands are part o
the Unitsd States they are entitled I,
free trade with this country until Con
eress legislates to the contrary. ant
from the standpoint of even justice ar
entitled to free trade indefinitely. Blu
IL they are not 9 part or possession o
this country, then our tariff regulate n
will apply to these islands at all times
the same as to other foreign countries
will tho protectionists, for the SAX
Of relieving their selfish tax policy o
constantly threatening danger, con
sent to advocate the independence O
the Philippine Islands, aud the RICH
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