Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1901-05-30
General Attitude and Policy Of
Government Up to the Pres
ent Time Is Upheld.
Constitutionality of the Foraker
Act Affirmed and Gives Con-
gress Power to Govern.
In Delima Case, Involving Collection OF
Duties on Porto Rican Sugars. De-
cision Is Against Government
Opinion Delivered by Justice Brow
-Justices Mckenna, Shiras aud
White In Dissentiug Opinion.


Washington, May 2s.-The United
States supreme court Monday handed
down opinions covering all of the is
sues on the new insular possessions
which have been in controversy. AL.
though several of the decisions upheld
the contestants on certain issues
raised, yet in the most important de-
cision, that of Downs against Bid
we'll, Justice Brown announced the
sweeping decision of the court uphold
ing the general attitude and policy of
the government up to the present
time
The effect of this decision is to con-
firm the constitutionality of the For
aker act and to give congress power to
deal with the new y-acquired territory
in such manner as the Legislative
branch may consider suitable for the
new territory. The decision also had
the effect of declaring that the new
insular possessions do not by virtue of
the treaty of cession acquire all the
privileges and rights OF the constitu-
tion.
Delivered by Judge Brown.
Washington, May 20. - Justice
Brown, of the United States supreme
court, Monday announced the deci-
sion of that court in the insular
cases. The announcement Of the
courts opinion was begun at 1927,
The main opinion was handed. down
in the Delima case. Justice Brown
first announced the courts decision
on point Of jurisdiction, holding that
the court had jurisdiction.
The Point at Issue.
The Delima case involved the i'm
portation of goods into the United,
States from Porto Rico after the rati-
tication of the treaty Of Paris and
before the passage OF the Porto Rican
act.
DcIilna & Co., doing business in
New York, imported from San Juan,
Porto Rico, during the months OF
june and July. 1892, certain sugars,
the product of Porto Rico. Upon
these sugars the collector at New
York demanded and collected about
$4,000 as customs duties.
Delima & Co. sued Bidwell, the col
lector, as an individual, in the ST.
preme court of the state of New
York, to recover back the duties thus
paid, amounting in all to $l3, l45, al
]eging that they were unlawfuIly de-
manded, in viola ton of the consti-
tuition and collected by duress, the
collector exacting the payment of the
duties as IL condition to the delivery
of the sugars. On the petition Of the
collector the suit was removed to the
circuit court of the United States for
the Southern district of New York,
which sustained demurrer to the
complaint, both on the ground that
no cause for action was stated and
From the Judgment Diminishing the.
complaint Delima e. Co. prosecute err
ror from this court.
Not Both Foreign and DOmestic
Justice Brown said that whether
the sugar imported from or into
Porto Rico were dutiable depends
upon whether Porto Rico is a for
eign country. He held that the right
to acquire territory involves the
right to govern and control it by con-
gress, but he said that country
could not be both foreign and do
NESTLE
Governments Position Opposed.
The opinion was opposed to the
contention of the government. He
concluded that at the time the du
ties were collected Porto Rico was
territory and not a foreign country,
but a territory of the United States.
Conclusion of Opinion.
Jus tice Brown concluded as fol-
lows:
eff an act of congress be necessary to
convert foreign country into domestic
territory, the question at once suggests
itself, what is the character Of the legis-
lation demanded for this purpose? Will All
act appropriating money for its purchase
be sufficient? Apparently not Will an
act approprating the duties collected upon
imports to and from such country for the
benefit Of its government be sufficient?
Apparently not. Will acts making appro-
prations for it's postal service, for the es-
tablishment Of lighthouses, for the main
tenance of quarantine stations. for erect
ing public buildings, have that effect?
VIII an act establishing a complete local
government, but with the reservation of
a right to collect duties upon commerce be
adequate for that purpose? None Of these,
nor all together, will be sufficient, If the
contention of the government be sound.
since acts embracing all these provisions
have been passed in connection with Porto
Rico, and it is insisted that it is still a
foreign country within the meaning of the
tariff laws We are unable to acquiesce in
this assumption that territory may be
at the same time both foreign and domes-
TIC a#.
I'VE are therefore Of opinion that at the
time these duties were levied Porto Rico
was not foreign country within the mean
Ing Of the tariff laws, but territory OF