Evening journal., 1901-05-28
Constitution Does Not NeCCS-
SariIy Follow The Flag
DEALS WITH STATES ONLY
After Congress Outlined a Method Of
Collecting Islands Revenues That
Action Become Binding

-
Washington, May 2S.-ln the United
States supreme court yesterday opia
ions were handed down in all put two
Of the cases before that court involv-
ing the relation OF the United States
TO its insular possessions. The two
cases in which no conclusion was an
nounced were those known as the Il
diamond rings case and the second oi
the Dooley cases. The undecided Doc
ley case deals with phase of the Por
to Rican question, and the diamond
rings case involves the right to the
free importation of merchandise from
the Philippines to the United States.
The original intention Of the court had
been to adjourn for the term after yes
terdays sitting. but discussion Of the
cases passed on yesterday took about
i've hours. 50 the court adjourned un
til today, when it is presumed the re-
manning cases win be passed on.
OF the several cases decided yester-
day the two which attracted the great
est share Of attention from the court
were what is known as the De Lima
case and that known as the Downes
case, and of these two the opinion in
the Downes case is considered the
most far reaching, as it affects our fu-
ture relations, whereas the De Lima
case dealt with a transitional phase
of our insular relations. The court
was very evenly divided on both cases
but political lines were not at all con
trolling.
The De Lima case involved the pow
er of the government to collect duty
on goods imported into the United
States from Porto Rico after the rati-
fication of the treaty of Paris and be-
fore the passage of the Porto Rican
act. The court said the governments s
contention in this case was substan-
TALLY claim that Porto Rico is foreign
territory. The court held that the po-
sition was not we'll taken; that Porto
Rico was not at the time foreign ter
ritory and that therefore the duty
which had been collected must be re
turned.
The Downes case dealt with the ie-
gality Of the exaotion of duties on
goods imported from Porto Rico into
New York after the passage Of the For
aker act providing for a duty upon
goods shipped from the United Statea
F,to n0-t1 Dfoo opd o1oo on thoco chin.
ped from Porto Rico to the United
States. In this case the court held that
such exaction was legal and constitr
tional.
The point of the two opiaions consid
cred collectively is that Porto Rico
was never after the acquisition of that
island foreign territory; that until con
gress acted upon the question no duty
could be collected, but that as soon
as congress outlined a method Of con
trolling the islands revenues that ac
tion became binding; in other words
that congress has power under the con
stitution to prescribe the manner o.
collecting the revenues of the ccun
try's insular possessions, and has The
right to lay duty on goods imported
into our insular possession from thu
United States or exported from then
into the United States. 1t holds il
brief that for taxation purposes the.
are not part of the United States L
the extent that goods shipped between
their ports and the United States ar
entitled to the same treatment a
though they we're shipped betweei
New York and New Orleans.
Justice Brown delivered the court
opinion in both, and there were vigol
GUS dissenting opinions in both. L
the Downes case four OF the nine men
bers of the court united in an opinion
characterizing in strong language tn
opinion of the majority in that case
In this opposing opinion the chief ju.
tice and Justices Harlan. Brewer an
Peckham united. Justices Gray, ShiEa!
White and McKcnna also. while agree
ing with the conclusion announced b
Justice Brown, announced that the
had reached the conclusion by diffe
ent lines of argument. and Justice
Gray, White and McKonna announce
opinions ou.lining their respective pi