The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-05-28

In either case the article is not i'm.
ported.
"a foreign country was defined by
Chief Justice Marshall and Justice
Storr to be one exclusively within the
sovereignty of a foreign nation and
without the sovereignty of the United
| States.
THE status of Porto Rico was this:
The island had been for some months
under military occupation by the
United States Is conquered country
when by the second article of the treaty
of peace between the United States
and Spain. signed December 10, 1898,
and ratified April l, 1899, Spain coded
to the United States the island of
Porto Rico, which has ever since re-
manned in our possession, and has
been governed and administered by
the United States. II the cas- depend
ed solely upon those facts and the
question were broadly presented
whether a country which had been
ceded to the United States, cession
accepted, possession delivered and the
island occupied and administered
without interference by Spain or any
other foreign power, was foreign coun-
try or domestic territory, it would
seem that there could be as little
hesitation in regard to this question
as there would be in determining own
ership of a house decided in fee sim
Pile to a purchaser, who had accepted
the deed, gone into possession, paid
taxes and made improvement without
let or hindrance from his vender. But
it is earnestly insisted by the govern
ment that it never could have been the
intention Of congress to admit Porto
Rico into customs union with the
United States and that while the
island may be to a certain extent do
nestle territory, it still remains a
foreign country under the tariff
laws, until congress has embraced it
within the general revenu system.
I'm short, when once acquired by
treaty, it belongs to the United States,
and is subject to the disposition Of
congress.
TERRITORY thus acquired can re-
main foreign country under the tar
if laws only upon one of two theories:
Either that the word foreign applies
to such countries as were foreign at
the time the statute was enacted, not
withstanding any subsequent change
in their condition, or that they remain
foreign under the tariff laws until con-
gress has formally embraced them
within the customs union of the states.
The first theory is obviously unten-
able. While the statute is presumed
to speak from the time of it's enact
ment, it embraces all such persons or
things as subsequently fall within it's
scope and eases to apply to such as
thereafter fall without it's scope. Thus,
the statute forbidding sale of liquor
to a minor applies not only to minors
in existence at the time the statute
was enacted, but to all who are subse-
~quently born and a to apply to
such as thereafter reach their ma
jority.
$50 when the constitution Of the
United States in article l., section 10,
declares that states shall not do GER
tain things, this declaration operates
not only upon the 10 original states,
but upon all who subsequently be-
come such; and when congress places
certain restrictions upon the powers
of a territorial Legislature, such re-
strictions cease to operate the NOM
ent such territory is admitted as a
state. By a parity of reasoning a coun-
try ceases to be foreign the instant it
becomes domestic. So, too, if congress
see fit to cede n of it's newly &C
quired territories (even assuming that
it had the right to do so) to a for
eign power there could be no doubt
that from the day Of such cession and
delivery of possession such territory
would become foreign country and be
reinstated as such under the tariff
laws. Certainly no act of congress
would be necessary in such case to de-
clare that the laws of the United
States had ceased to apply to it.
"The theory that a country remains
foreign with respect to the tariff laws
until congress has acted by embracing
it within the customs union pre-sup-
poses that a country may be domestic
for n purpose and foreign for an
other. 1t may undoubtedly be neces-
sary for the adequate administration
of the domestic territory to pass a