The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1901-05-29


lima case. Justice Brown first an
nounced the courts decision on point
Of jurisdiction, holding that the court
had jurisdiction. The Delima case in
yolyed the importation Of goods into
the United States from Porto Rice
after the ratification Of the treaty OF
Paris and before the passage of the
Porto Rican act. Delima a. Co., do
ing business in New York. imported
from San Juan, P r., during the
months Of June and July, 1890, certain
sugars, the product Of Porto Rico.
Upon these sugars the collector at
New York demanded and collected
about $4,000 as customs duties.
Delima e Co. sued Bidwell, the col
lector, as an individual in the SUI
preme court of the state of New York
to recover back the duties thus paid,
alleging that they were unlawfuily
demanded, in violation of the consti-
tuition and collected by duress, the
collector eNacting the payment of the
duties as a condition to the delivery
of the sugars. On the petition of the
collector the suit was removed to the
circuit court Of the United States for
the Southern district, both on the
ground that no cause for action was
stated and that the court had no iuris-
diction From the Judgment dismiss
ing the complaint Delima & Co. prose
cuted error from this court
Justice Brown said that whether
the sugars imported from or into Por-
TO Rico were dutiable depends upon
whether Porto Rico is foreign coun-
try. lie held that the right to acquire
territory involves the right to govern
and control it by congress, but he said
that O country could not be both for
eign and domestic. The opinion was
opposed to the contention Of the gov-
ernment. He concluded that at the
time the duties were collected Porto
Rico was a territory and not a for
eign country, but territory of the
United States Justice Brown conclud-
ed as follows
II an act Of congress be necessary to
convert a foreign country into domestic /
territory, the question az once suggests /
itself, what Is the character of the legis- /
lation demanded for this purpose? VIII /
chase be sufficient? Apparently not. win |
an act appropriating the duties coli /
leoted upon imports to and from such |
country for the benefit OF It's government |
be suncient2 Apparently not. VIII acts /
making appropriations FOR its postal serv- |
ice for the establishment Of lighthouses, /
for the maintenance OF quarantine sta- |
tions for erecting public buildings, have /
that effect? VIII an act establishing a
complete local government but with the /
reservation Of a right to collect duties |
upon commerce be adequate for that pur- /
pose2 None Of these. nor all together /
Will be sufficient, if the contention Of the /
government be sound, since acts embrace I
ins an these provisions have been passed I
in connection with Porto Rico. and IL is in
sisted that it is still q foreign country /
within the meaning of the tariff laws. We /
are unable to acquiesce in this assump-
tion that q territory may be at the same +
time both foreign and domestic.
We are therefore of opinion that at the I
time these duties We're levied Porto Rico /
was not a foreign country within the 4
meaning Of the tariff laws but a territory
Of the United States; that the duties We're +
Illegally cNacted and that the plaintiffs (
are entitled to receives them back The /
Judgment of the circuit court for the 4
Southern district Of New York Is there 4
fore reversed and the case remanded to /
thai court fer further proceedings in con-
s''5aiee WIN eiis opinion
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rce MeAehha went INTO uetailed eA-
animation of the cases cited in the /
majority opi"ion' iie ii'"'nlalheo tnat T
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