Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-12-02

Porto Rico was not at the time foreign ter
ritory and that therefore the duty which
had been collected must be returned
The decision in the Downes case followed
the history Of the dealings of the United
States and Porto Rico a step farther. II
dealt with the legality of duties on arff-
cles imported from Porto Rico into New
York after the passage of the Foraker act.
The court held that such action was legal
and constitutional. The point OF the TWO
opinions considered together was Inat
Porto Rico was never after the ACQUISITION
of that island foreign territory; that until
Congress acted upon the question no duty
could be collected, but that as soon as
Congress outlined the method OF controlling
the islands revenues that action became
binding; In other words that Congress has
power under the Constitution to pre-
scribe the manner OF collecting the reVe-
nues of the country's insular possessions
and has the right to lay duty on goods
imported into our insular possessions from
the United States or exported from them
into the United States.
Solicitor Generals Statement.
Solicitor General Richards OF the Depart
ment Of Justice. who had charge of the in
sular cases before this court, made the
following statement concerning those de-
cisions:
1.-The important question involved In these
cases was whether the cession OF territory
contained in the treaty of Paris made Porto
Rico and the Philippines an integral part
Of the United States within the meaning
of that part Of the Constitution requiring
all duties, imports and excuses to be uni
form throughout the United States. The
court held that the cession simply made
Porto Rico and the Philippines domestic
territory of the United States, subject to
the full control of Congress, which control
could be exercised without reference to
limit bfo 1fyv,if off fan 1rf
held. was intended to apply to the states Of
the Union and does not apply to acquired
territory, unless by treaty and by subse-
quent act of Congress it Is incorporated
within and becomes an integral part OF
the United States.
THE decisions are substantially victory
Tor the government. They sustained to the
fullest extent the so-called insular policy
of the administration The government now
has the sanction of the Supreme Court for
governing these islands as their needs re-
quire. The court holds that the Constitu-
tion did not of its own force at once apply
to those coded territories. placing their peo-
pie. their products and their ports on an
immediate equality with ours and con-
ferring upon them all the rights, privileges
and fmmunities enjoyed by the people, pro-
ducts and ports of the several states. While
their fundamental rights are preserved by
those underlying principles Of the Constitu-
ton which apply everywhere. the status Of
their citizens and the nature of their GUS
determined by Congress in the exercise Of
the power vested by the Constitution in
Congress to make all needful rules and
regulations respecting territory belonging
to the United States.
.'At the same time that the court has
sustained to the fullest extent the conten-
ton of the government in these cases It
has decided as matter of statutory con-
struction that the Dingley act could not be
held to impose duties on goods brought
from Porto Rico because by cession Porto
Rico became domestic territory of the
United States, and therefore ceased to be
"a foreign country The decisions of the
court call for no change in the admnistral
ton of the law. The court did not decide
what Is known as the second Dooley case,a
which involved the validity of the collec-
ton Of duties under the Foraker act on
goods taken into Porto Rico from the
United States While 1 have no informa-
ton on this subject, 1t may be that the
court thinks there is involved In that case
another question as to whether such duties
ould not amount to duties on articles ex-
ported from state. The court also failed
to dispose of what Is popularity known as
the fourteen diamond rings case, Involving
the entry free of duty Of rings brought into
the United States by returning soldier
fl ON the Philippines"