The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-05-28

minors in existence at the time the
are subsequently born, and ceases 10
apply 70 such as thereafter reach their
SO, when the constitution Of the
! United states declares in article j. sec
ton 10, that the states shall not DO
certain things. this declaration oper-
&teS not only upon the thirteeu orig
} ina- states bur upon all who subse-
j QUendly become such; and when con-
SfesS places certain restrictions upon
I the powers Of a territorial legislature.
+ such restrictions cease to operate the
I moment such territory is admitted as
q state BY parity OF reasoning q
/ country ceases TO be foreign the in
sldllL ~ becomes domestic. So. too,
Il II congress sees MT. TO cede one Of its
( newly acquired territories leven as
] 60 . Foreign power, there could be no
i doubt that from the day Of such CeS-
SION and the delivery Of possession,
Sacn territory would become a foreign
I country ana be reinstated as such an
I DER the tariff laws. Certainly no act
Z OF congress would be necessary i'm such
cases 70 declare that the laws of the
( United states had ceased to apply
( ACTION OF SUPREME COURT.
/ Ihe theory that a. country remains
! -oi5l5n with respect TO the tariff laws
Z until congress has acted by ernbracirz
I &c WITHIN the customs union, presup-
J poses CfaL q country may be domestic
4 1of one purpose and foreign for an
I oJneF. tt may undOubCedIy become
necessary for the adequate admfnfstra-
/ ton OF q, domestic territory to pass a
! sperlaL acL providing the proper ma
\ chlnery ana officers, as the president
/ would have no authority. except under
. TO- sHT rrrr4
/ SET but no act is necessary to make 1T
/ domestic territory if once it has been
] ceded to the United States.
~ e express no opinion as to whether
Sol5e7s IS pound 70 appropriate the
! money TO pay for 1T. This has been
I mulch discussed by writer's upon con-
suIutlonai law, but III is not necessary
/ TO consider in this case, as congress
mace prompt appropriation OF the
I money stipulated In the treaty.
1 This theory also presuppOses that
/ territory may be held indefinitely by
! the Cnlted States; that III may be
( treated IN every particular except for
( Ial1H purposes, as domestic territory
( that laws may be enacted and enforced
! py ofncers of the United States sent
there Tor that purpose, that insurreC-
/ tons may be suppressed, wars carried
{ on, revenues collected, taxes imposed
I Wmch a government can do within its
( own boundaries, and yet that the ter
Tlt0ry shall remain a foreign country.
That this state of things may continue
unless congress enacrs otherwise 1T still
remains a foreign country.
TO hold that this can De done as a.
matter o. law we deem to be pure ju-
! dfc5aI legislation. We find ne warrant
4 TOR IL in the constitution or in the
( powers conferred upon this court. 1T is
true the nOn-actiOn Of congress may
occasion "a temporary Inconvenience.
I but it does not follow that courts Of
I justice are authorized 80 remedy it by
I inverting the ordinary meaning Of
/ words
CHARACTER OF LEGISLATION
If an act of congress be necessary
/ TO convert a foreign country into do
/ nestle territory, the question at once
I suggests Itself, what is the character
/ Of the legislation demanded for this
( purpOse2 VIII an act appr8priatfng
I money for its purchase be sufficielt2
] Apparently not. VIII an act appr0-
I priating the duties collected. upon inn
/ ports 20 and from such country for the
Is benefits Of its government be sufficient
/ Apparently not, VIII acts making APP
] preparations FOR its postal service, for
( the establishment of light houses, for
the MAINTENANCE of quarantine sta
/ lions, for erecting public buildings,
! ing q complete local government, but
Z with the reservation OF q right to eel
! leCt duties upon commerce be adequate
1 for that purpose
None OF these. nor all together. viii
! be sufficient, if the contention of the
! government Zoe sound, since acts eu-
/ braCing all .these. provisions have been
i passed in connection with Porto Rico,
Z and it is insisted thar III is sCiH a for
( eig1e country -Withfu the meaning of the
u in this assumption thar a. territory may
! be al the Same time both foreign and
1 domestic.
4 PAYMENT OF DUTIES.
ut may be seriously questioned
whether this is anything more than
/ recognition of the fact thar there were
/ moneys in the territory not subject To
I =ve may go further and say that SO far
/ as these duties we're paid voluntarily
and without protest the Legality Of
4 the payment was intended to be recOg-
I active effect as 10 moneys therefor paid
/ under. protest for which an action to
4 recover back had already been
B brought"
AS the action i'm this case was
4 brought March 10, 1900 eleven days be-
fore the act was passed. the right to
I recover the money sued for could not
be taken away by a subsequent act OF
I congress plaintiffs sue for money
(which the collector has in his hands
u
] To say that. congress could by a suisse
J quent act deprive them of the right to
/ prosecute this action would be beyond
I its power. In any event, III should not
be interpreted 50 as to make it retro
/ active
we are. therefore, of the opinion
i that a the time these duties were lev
( led. Porto Rico was not foreign
\ country within the meaning of the
tariff laws, but z. territory of the
7 TTnffa9 STATES that the duties were III
4 Legally exacteG, 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-
4 manded to that court for further pro-
j ceedings in consequence of this Opin-
lon
To Prevent Pneumonia and Grip.
Laxative Bronze Quinine removes. the
: cause.