The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-16

regarding drawback of duties, which he
said applied to trade between Porto Rico
and the United States prior to the pas
sage of the Porto Rican Tariff law. Coun-
sci was mistaken in that, for the decision
applied to trade subsequent to the pas
sage of that act
Since then, said the Solicitor General,
no duties had been collected in the United
States on importations from Porto kico
and the Treasury Department said that
that act took Porto Rico out Jf the list
of foreign countries within the meaning
of the drawback act. BY that decision
distinction was made between Porto Rico
and the Philippines, making the former
a Territory of the third class, so TO
speak of it. Answering questions by mem
bars of the court Mr.. Richards contended
that Congress had ample power under the
long line OF decisions of the chief justices
and associate justices of this court, that II
had power TO make all needful rules ana
regulations for governing and disposlhs
of the territory of the United States.
The Solicitor General said that no ques-
ton was made of the constitutional va
lidity of the conditions attached to the
resolution of annexation at he time OF its
passage and these were contained IN prev
ious treaties providing for the annexation
of Hawaii. In this connection he called
attention to the treaty negotiated in 1893
by President Harrison providing for the
annexation of hawaii and said:
The first article CT that treaty pro-
vided:
d" The Government of the Hawaiian ISL
ands hereby cedes from the date of the
exchange of the Publications of this
treaty. absolutely and without reserve, to
the United States forever all rights of
whatsoever kind in and over the Ha-
waiian Islands and their dependencies. re-
,,.f,, Tgr of ha init cd
every sovereign right of which. as an in
dependent nation, ii is now possessed, and
henceforth said Hawaiian lsls-ds and ev-
cry island and key thereult0 appertain-
ing and each and every portion thereof
shall become and be an integral of the
territory of the United States
According to the contention of our OPP
ponents in these cases." he went on. he
exchange of Publications would have made
Hawaii a part of the United States for
customs and commercial purposes, so hat
the same duties would have to be levied
there as here, and trade would have in
stantly become free between the islands
and the UniteI States. Nevertheless the
third article of this treaty provided as
follows:
Congress shall within enc year from
the exchange of the notifications of this
treaty enact the necessary legislation to
extend TO the Hawaiian Islands the law
of the United States respecting duties
upon imports. the internal revenue, COM
meree, and navigation. but until Congress
shall otherwise provide the existing COM
mercial relations of the Hawaiian Islan1s
with the United States and foreign cCun-
tries shall continue regards the COM
merce of said Islands with the rest of the
United States and with foreign coun-
tries
Mr.. Smith briefly replied to the Solicit
tor General in concluding. He said that
if the treaty between Hawaii and the
United States from which Mr.. Richards
had read had been executed, a different
situation would have been created. Stipu-
lations to which parties to treaty were
committed. that the customs laws of the
ceded territory should remain in existence
for certain or indefinite period. might
be carried out. legally and constitutional
iy. Answering Justice Brown, he said
Congress could not attach to a resolution
of annexation a condition to accomplish
the same purpose. For this position he
said he relied upon the provisions of the
Constitution requiring that all duties. i'm
posts, and taxes shall be laid uniformly
throughout the United States, and that
there shall be no tax upon exports from
any of the States.