The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-27
JUSTICE BROWNS OPINION.
Holds That Porto Rican Duties We're
illegally Collected


Washington. May 27-Justice Brown,
of the United States supreme court, to-
day announced the decision of that
court in the insular cases. The an
nouncement of the courts opinion was
begun at 1921 D. m The main opinion
was handed down in the Delima case.
Justice Brown has announced the
courts decision on point of jurisdiction,
holding that the court had jurisdiction
The Delima case involved the impOr-
tation of goods into the United States
from Porto Rico after the ratification
Of the treaty Of Paris and before the
passage Of the Porto Rican act. Dellma
q Co, doing business in New York, i'm
ported from San Juan, p r. during
the months of June and July. 1899 Ger
tain sugars. the product of Porto Rico.
Upon those sugars the collector at New
York demanded and collected about
$4,000 as customs duties.
Delina & Co. sued Bidwen, the col
1ectOr, as an Individual, in the supreme
court OF the state OF New York, to re-
cover back the duties thus paid,
amounting in all TO S13.145. alleging that
they were unlaWfully demanded. in vi
Olation of the constitution, and coll
lected by duress, the collector exacting
the payment Of the duties as q condition
to the delivery of the sugars. On the
petition of the collector the suit was re-
moved to the circuit court of the United
States for the southern district OF New
York, which sustained a demurrer to
the CON plaint, both on the ground that
no cause for action was stated and that
the court had no Jurisdiction From the
judgment dismissing the complaint De-
lima & Co. appealed on error from this
court
Justice Brown said that whether the
sugars imported from or into Porto
Rico were dutiable depends upon
whether Porto Rico is a foreign coun-
held thar Ia right n ac011ire
territory involves the right to govern
and control it by congress, but he said
that a country could not be both for
eign and domestic
The opinion was opposed to the con-
tention Of the government
He concluded that at the time the du-
ties We're collected Porto Rico was a
territory and not a foreign country, but
"a territory Of the United States.
Justice Brown concluded as follows:
If an act of congress be necessary
TO convert a foreign country into do
1nestic territory, the question at once
the legislation demanded for this pur-
pOse2 VIII an act appropriating n Oney
for its purchase be sufficient Appar-
emily not. VIII an act apprODriating
and from such country for the benefit
Of its government be sufficient APP
parently not VIII acts making aDprO-
priations for its postal service. for the
oNoDAAcAtAlEnL 0l lighthouses LOI the
maintenance of quarantine stations, for
erecting public buildings, have that
erect. VIII an act esta blishing a COM
plete local government. but with the
reservation Of a right to collect duties
upon commerce, be adequate for that
purpose2 None of these. nor all to-
gether. viii lie sufficient if the conten-
tentiOn Of the government be sound
since acts embracing all these provi-
siOns 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 un-
able to acuuiesce in this assumption
that territory may be at the same
time both foreign and domestic.
We are therefore of the opinion that
at the time these duties were levied
Porto Rico was not a foreign country
within the meaning Of the tariff laws
but territory Of the United States.
that the duties were illegally exacted
and that the plaintiffs are entitled to
recover them back.
The judgment Of the circuit court for
the southern district Of New York is
therefore reversed. and the case re-
manded to that court for further pro
ceedings In consOnance with this
opinion
In the course of his reasoning on the
manner Of the acquisition of Porto Rico
Justice Brown held that congress has
authority to control such territory. IN
deed II Is, he said. scarcely too much
TO say that there has not been a session
OF congress since the territory of Louisi-
ana was purchased that that body has
not enacted legislation based upon the
assumed authority to govern and con
troll the territory lit is an authority
which arises not necessarily from ths
territorial clause of the constitution but
from the necessities of the case and
from the inability of the states to act
upon the subject. Under this power
congress may deal With territory ac-
&uired by treaty. may administer its