Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1901-06-06
The Supreme Courts Decision.

to be at loss to understand clearly
what is decided by the supreme
courts meeting on the Porto Rico
matter and the applicability Of the
constitution to our foreign posses
sions.
In order that the decision may be
fully understood it is necessary TO
bear in mind that Porto Rico has
passed through three distinctive
periods that have relation to these
cases. In the first place, prior to
the Spanish.American war Porto Rico
was province Of Spain, and As such
foreign territory in every sense Of
the word. The island remained
foreign territory in legal sense,
notwithstanding our conquest and
military occupation and government,
until the ratification Of the treaty Of
peace, when 1t ceased to be foreign
territory and became possession or
dependency Of the United States, but
not part Of the United States.
Being dependency Of this country,
it was domestic territory, as con-
tradistinguished from foreign terri.
tory. II is domestic territory still,
but it underwent q further change
in Its legal relations to this country
when congress enacted the law Of
April ~, 1900, providing a civil
government and tariff duties for the
support Of the same. Since April -,
1900, it is territory belonging to the
United States with respect Of which
congress has enacted legislation
fixing the status OF its Inhabitants,
providing a government for them
and providing also for the necessary
revenues to support the same. Be-
tween the ratification OF the treaty OF
peace and this Legislation Of April y,
1900, it was territory Of the United
States with respect Of which congress
had not exercised any power what
ever by legislation or otherwise.
What the court decided was that,
while we were occupying Porto Rico
prior to the ratification Of the treaty
Of peace, it was foreign territory and
our occupation and government was
military, and all that was done was
in the nature Of a military necessity
and valid on that account; that from
and after the ratification OF the'treaty
Of peace it was no longer foreign ter
ritory, but domestic territory within
the meaning Of our tariff law, &C.
cording to which tariff duties can bt
collected only on importations from
foreign countries, and that conse
quently the duties collected on i'm
ports from Porto Rico after the ratifi
cation Of the treaty oipeace and priol
to April 70, 1900, when congress frs'
legislated, we're illegally collected
illegally collected, however, not be-
cause congress was without constitu
tional power to impose such duties or
importations from Porto Rico, but be-
cause during that period congress
had not so legislated.
The third proposition decided by
the court, and the one OF superior
importance, was that Porto Rico, be-
ing territory Of the United States
is not part OF the United States, but
only territory belonging to the United
States, and that it is therefore within
the constitutional power Of congress
so to legislate with respect to it, in
GLIDING the imposition Of tariff duties
as it may see fit, and the congress
having so legislated on the 18th day
Of April, 1900, the provisions Of thai
law are valid and to be upheld ant
enforced; in other words, the effect O.
the decision is that the constitution
does not follow the flag and that con
gress has plenary power under thu
constitution to govern our insular &C
QUESTIONS according to their severa
necessities.
Animated no doubt by the recen
Arkansas excursion experiences, tn,