Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1901-12-06
THE INSULAR CASES.
Important Decisions Handed Down
by Supreme Court.
Import Charges Against Philippines
Are Illegal. While Those Against
Porto Rico Are Declared
Valid.

tories Immediately upon the ratitica-
tion of the treaty of peace. The con-
stitution followed the flag to all of the
islands, and they Immediately became
territories of the United States.
Duties levied in this country against
the products of those islands under the
Dingley law were illegal and must be
returned, but merely because of the
failure ot congress to act. The islands
never have been foreign since the
treaty of peace.
The power of congress to pass laws
for the regulation of the territories is
unrestricted. 1t comes from the con-
stitution itself.
The Foraker act, providing civil gov
ernment for Porto Rico, is constitu-
tional. The duties it levied in the
United States and in Porto Rico alike
were legally collected because they
were imposed by an act passed in pur-
suance of the constitutional right of
congress to govern the territories as it
sees fit.
All duties collected on goods between
the United States and the Philippines
under the Dingley tariff are illegal. be-
cause the Dingley tariff specifically
fixes duties on goods coming from for
eign countries, whereas the Philip
pines are domestic.
Congress Cnn Provide Tariff.
The right of congress to legislate for
the government of the Philippines is
affirmed. and under that right special
tariff can be provided by congress at
San Francisco and at Manila on goods
going in either direction.
The Philippines are in exactly the
same condition now as Porto Rico was
just prior to the passage of the For
aker act. As soon as congress legis.
lates for the Philippines those islands
can have free trade or otherwise with
the United States or with other coun.
tries. as congress sees fit.
The two cases decided by the court
are supplementary to the group
passed upon last spring, and must be
taken at all times in connection with
the previous decisions.
They affirm in the most positive
manner the general principles that
all of the islands ceded TO the United
States become domestic territory for
all purposes, including the levying of
taxes, Immediately upon the signing
of the treaty of peace.
The decision of the court in this
respect is identical with that in the
Porto Rcan eases last year. The
court decides that the existence of q
rebellion in the Philippines does not
render them any the less domestic
territory. To this extent il is appar.
ent that the government is beaten.
because, if congress had legislated on
the subject, the duties collected since
the treaty of peace, if levied under
specific laws, would not have to be
refunded.
1t is further decided that congress,
under the constitution itself. is unre.
stricted in it's control of the terri.
tories, and that the constitutional
provision requiring uniformity on
imports does not apply to the terri.
tories at all, because goods brought
in from the Philippines or Porto Rice
to the United States are always do.
mestic goods and never foreign i'm.
ports.
Must Refund Great Sum.
All of the revenues collected on
goods coming from the Philippine is.
lands will have to be refunded. Fig.
ures obtained at the war department
and treasury bureau of statistics show
that from the beginning of United
States occupancy of the Philippines.
August %, 1898, up to June 30 .ast, the
total imports to the Philippines from
the United States were valued 81 ,6O7, :.
4s6, while during the same period the
imports from Spain were valued at
$1,903,99O. Imports into the United
States from the Philippines to Decem-
Der /, 1901, aggregate $15.44S,G00. OF
this only $1,S94,523 consisted of dutia-
BILE goods, so that the refund on these
would not be large.
VIII Result in LegisIation.
The immediate result of the decisions
will be the passage of law by con-
gress establishing a form of civil gov.
ernment, no matter how simple. for
the Philippine islands, and establish
ing tariffs on goods entering the is
lands from the United States or else
where. The same act will provide for
the collection of taxes in the United
States on the products of the Philip
pines, and those will not be at the Ding
ley rates, but at such rates as congress
shall fix. The new law will be in its
general principles the same as the
tariff features of the Foraker act, be-
cause it will provide and must pro-
vide under the ruling of the court that
the taxes levied on goods brought
from the Philippines shall be used for
the government of these islands and
shall not be turned into the treasury
at all.
Strong DenunciatlOn.
Peking, Dec. 3.-The edict of the
dowager empress deposing the heir APP
narant Pm Chm says that the son of