The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-06

| that there is no limitation on the power
of Congress to legislate for government
of any Territory acquired by the ma
ton. This is virtual overruling of the
opinion of the same court, made when
Marshall was chief justice. CHIEF
Justice Fuller says:
Chief Justice Marshall in that case, in
| considering the provision that "al1 du-
ties. imposts and excuses shall be uni
| form throughout the United States"
! said: Does this term the United
States) designate the whole or any por-
ton of the American empire? Certainly
| this di,estion can admit of but one an
swer is the name given to our great
| EeI ublic. which IS composed OF states
and Territories. Ire District of Column
bia or the territory west of the Missouri
lis net IL ss within the United States than
Mar,la;,.i Q, Penns..,iy; MIA; ana 1t is not
Hess necessary ~ the principles of our
Guns. tu:u that uI .tciIpIty in the i'm
position of imposts CITIES and excuses
should be observed IN the one than in
| the other Since, then. the power to lay
and collect taxes, which includes direct
taxes, is obviously co-extensive with the
| power to lay and collect duties, impo5ts
and excuses, and since the latter extends
throughout the United States, 1t follows
/
also extends throughout the United
States.
The majority of the court sets forth
the consistency of the Downes opinion
/ in light of that in the De Lima case,
where the holding is in fact that dur
ing the period between the transfer OF
sovereignty and the passage of the
Foraker bill, no duties could be collect
ed. This again is matter turning on
the rights of Congress, powers which
are paramount to every consideration
of policy and inherent right, 1t is per-
haps unfortunate that there should
creep into the opinion words which
seem to indicate that there was a
thought of expediency in the mind OF
the majority in the rendering of the
opinion. This may be inferred from the
references to the fancy decision in the
DR. Scott case, and the phraseology of
the conclusion. The latter paragraph,
however set out the mind of the court
so closely that it is best to quote in
full:
Patriotic AMI intelligent men differ
widely as to the disturbances of this or
that acquisition We can only consider
this aspect of the case so far as to say
that no construction of the Constitution
should be adopted which would prevent
Congress from considering each case
upon its merits unless the language OF
| the instrument .mperatively demands 1t.
A false step at this time might be fatal
Ito the development of what Chief Justice
Marshall called the American empire.
Choice in some cases, the natural gravi-
| ia ton of small bodies toward large ones
| in others the result of successful war
| in still others, may bring about condi-
tions which would render the annexation
of distant possessions desirable. If those
possessions are inhabited by alien races,
differing from US in religion, customs,
laws. methods of taxation and modes of
thought, the administration of govern
ment and justice, according to Anglo
Saxon principles, may for time be i'm
possible, and the question at once arises
whether large concessions ought not to
be made for a time that ultimately our
own theories may be carried out and the
blessings of a free government under the
Constitution extended to them. We de-
cline to hold that there is anything in
the Constitution to forbid such action.
OF the undecided cases, one, that of
the fourteen diamond rings, will have
the second matter, the right to collect
duties on goods from the Philippines,
in 1t. This may mean much dissention.
Upon the face of the opinion in the De
Lima case, it would appear that there
is no authority in law for such collec
ton. On the contrary. 1t will be as
strongly urged that there was war in
existence and disputation of the au-
thority of the United States in the
archipelago. That the court adjourned
without such decision is unfortunate,
but to those who know the high stand
ing of the tribunal there will be
found no Judgment for the accusation
which is being made already, that the
court will decide in the fall in accord
with administration plans. There now
exists in the Spooner amendment to
the last army bill sufficient power for
the President to make a delegation of
power for the passage of tariff act
governing the Philippines, and thus
there will be no need for Congressional
action until the pacification of the ISL
ands, when the entire question of ad-
ministration win be once more brought
TO the front.
. There Is much cant about the one
flag, one-people idea, but in the end
there viii be from the people them
selves a procurement which not only
will be final, but which In the nature
Of things will be more in accord with
the majority of the court than with the
utterances of the nti-administration
men. The ultimate reduction of this
theory would be the granting Of citizen
ship, though not necessarily the vot-
ing privilege, to all the inhabitants of
the various possessions. and there could
be no other conclusion than that the
people of the United States are not
ready for such radical move. Ulti-
mately there will be one people and
equal rights. That the majority of the
inhabitants of the islands taken under
the flag cannot yet comprehend the
privileges offered to them, is as true
as that the most enlightened of the
new citizens have often abused them
In the case of Porto Rico the result
will be beneficial. for the reason that
the application of all taxes, internal
and otherwise, which obtain here. would
overturn their system and the adjust
ment would be tedious. Now there is
a promise of stability and a measure of