The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-05-28
The Dawn of Empire.

The Dawn of Empire.
The decisions Of the Supreme Court
of the United States in the constitu-
tionaI questions yesterday to Unprofes-
sionaI eyes viii ever appear like a crazy
quilt made from shreds Of the Consti-
ton and remnants of the Flag. The
American people have such ingrained
respect for the august tribunal that
there viii be no thought Of question
ing the action of a majority of its mem
berg In an academic sense consutu-
tionaI lawyers unconnected with the
great industrial mCnopolies will hold
that the dissenting opinion in the
Downes case. c0ncurred in by Chief JUS
tice Fuller and Associate Justices Har-
Ian Brewer and Peckham, is correct in
unfolding the dictum Of the court in
1920, Chief Justice Marshall delivering
the same, that the term United States"
is the name given to one great Repub-
lie. which is composed Of States and
Territories. The District of Columbia
or the territory west Of the Missouri is
not less within the United States than
Maryland or Pennsylvania, and it is
not less necessary on the principles OF
our Constitution that uniformity in the
imposition of import duties and excuses
should be observed in the one than in
the other"
Chief Justice Fuller. with his dissent
ing colleagues. held that the proposition
that Chief Justice Marshall was in CT
Tor, and that the rule of uniformity in
the imposition of duties, imposts, and
excises'' was limited to the States, was
wholly unwarranted, and cited many
cases III which the Supreme Court and
Congress had sustained the view that
the United States meant Territories as
well as States The logical result Of the
majority opinion, he said, is that Con
gre5s may prohibit commerce alto
gether between the States and Terri
tories, and may prescribe one rule Of
taxation IN one Territory and a different
rule in another"
The majority opinion, which binds the
court and the country, is that, when we
conquer. purchase, OF otherwise acquire
foreign territory, it becomes American,
and the Constitution Immediately ex-
tends to it ex propTio vigoTe for q little
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the Constitution. gets ready to kick out
its creator and take its place Thus, in
the De Lima case, where duties were
collected between the time Of the rati-
fcation of the Treaty Of Paris and the
passage Of the ForakeT-Payne law, they
must be refunded. because Porto Rico
was not during that interregnum for
eign country, nor were its people aliens.
They were protected from the imposi-
ton Of customs duties upon commerce
between the Territory and other parts
of the Union. But in the Downes case
it is held that where duties were col
Iected after the Foraker Payne act be
came law, they were legally collected.
Congress in the exercise of its imperial
power having elected the Constitution
and substituted its own will.
Mr.. Henry 0. Havemeyer, head Of the
Sugar Trust, IS quoted as saying that
he could not see how the court could
decide otherwise In fact, it has been
evident all along that he and other
trust magnates whose interests would
be Importantly affected by the out
come have been extremely optimistic
concerning it Considering that tEe de-
cisions fix the power Of Congress above
the Constitution. and that it only re-
quires a little ordinary legislation to
establish that power, the trusts have
reason TO be pleased and satisfied. They
can easily afford To shut their eyes to
the temporary Inconvenience involved
in permitting the Constitution to ope-
rate in insular possessions during the
brief tirne-which viii be shortened
hereafter-tfat IL takes TO secure Con
gressi0na1 action, in view Of the fact
that the right Of Congress to impose a
tariff upon trade with Porto Rico,
which it has done, and likewise upon
the Philippines. which 1t viii do in
hurry, is now established.
For the moment the Constitution ap-
plies TO the Philippines, Congress not
having enacted tariff legislation in re-
spect Of that possession, and, under the
decisions Of yesterday, in a legal sense
there is free trade setween the arcIl-
qeIago and other parts of the United
States. Already it is being said in A1-
ministration circles that an extraordi-
nary session Of Congress viii be called
TO cure such a glazing evil and to elm
mate the Constitution from the Islands.
as it has been from Po-to Rico.