Kootenai County Republican. (Rathdrum, Idaho) 1899-1903, 1901-05-31
GOVERNMENT Is SUSTAINED
OPINION OF SUPREME COURT.
""" Decided the Status Of Our Island
Po"sessions-Power Of Congress
Dehned-Fsraker Act was Consti.
t"sionai-Duties Frons Porto Rice.

Washington, d. C., May 2s,-The Unit.
ed States supreme court handed down
opinions concerning all the issues ON thu
ne" insular possessions which have bsen
IN controversy. Although several OF the
decisiohs upheld the contestant. ON certain
issues raised, yet in the most important
decision, that Of Downes against tidwell.
Justice Brown announced The sweepinU de.
eision OF the court upholding the general
attitude and policy OF the government up
to the present time. The effect Of this de-
cision is to affirm the constitutionahty ol
the Foraker act, and to give congress pow.
er to deal With newly acquired territory
IN sach manier as the legislative branch
may consider suitable for the new terri
tory. The decision also has The esrcct u
declaring that the new insular possessions
do not by virtue Of the technicality of
rights OF the constitution.
In the Downes case, the United States
supreme court decided In an opinion By
Justice Brown that while Porto Rico ls
territory of the United States, 1t u not
such, for tariff purposes, and that tas
Foraker act is constitutional The iudg.
ment OF the circuit court was affirmed.
A dissenting opinion was handed down
by Justice White, in which Justices 6hirss
| and Mckenna consirred.
Opimion In De Lima Case.
Justice Brown Of the United States su.
p;ense court announced the decision of that
court in the insular cases. Tho announce
ment Of the courts opinion was begun At
l2:21. The main opinion was handel
down in the De Lima case. Justice Brown,
who announced the courts deciaiOn, on
points OF jurisdiction holds that the lower
court had jurisdiction Justice Brown said
that whether the sugars imported from or
into Porto Rico were dutiable depends
upon whether Porto Rico is foreign cOun-
try. He held that the right 10 acquire
territory involved the right To govern and
control it by congress, but he ssid that
n country could not be both foreign and
domestic.
The opinion was opposed TO the conten-
ton of the government. lie concluded
that at the time the duties were collected
Porto Rico was not a foreign country, but
a territory Of the United States
From high source IL il learned that
the United States supreme court has de-
cided as follows
L. The constitution follows the hng.
2. Tie United States can have no sub
jeet colonies.
3. Porto Rico and the Philippines ara
now war territory and are not yet inte-
gra parts Of the republic.
4. They must be governed ~ war ter
ritory until congress acta.
5. Congress has the power TO withdraw
the flag and relinquish possession Of them
q. Congress alone can incorporate new
territory into the United States.
7. The Paris treaty did not incorporate
the new islands into the United States.
8. The constitution applies to all ter
ritorial possessions Of the United States.
D. The president has no power outside
of or beyond the constitution.
10. The president can use no "dscre-
tion" beyond the limits Of the constitu.
ton.
= IL. The tax on Porto Rcan products \
legal.
/ The members Of the supreme court will
decide today by vote whether their de.
cision shall be made public or held back
until October. The decision WAS reached
after one Of the most spirited discussions
ever held within the sacred circle OF tfs
snppme court bench. There Ii y Dissent
ing opnion