The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-05-29

Dickson, give a most lucid -eXposl-
ton Of the conclusion reached BY the
majority. That opinion distinctly holds
that the constitution is applicable to
The tetdtory acquired by purchase or
conquest only when and so far as con-
sress shah SO direct
This was rsally the vital principle
or question involved I'm these cases.
There can De no question st the power
Of congress, according 10 the opinion
Of a a5ority Of the court. TO impose a
tax upon an importatiOns into the
Juited States from the Philippines and
of the late war;
AS Viewed by Judge Hiles.
Judge Ogden Tfiles said. The de-
cision seems To hold First that the
constitution extends over the. territory
of Porto Rico the same as over any
other territory of Che United States;
second, that as respects the ievying of
duties up0n goods exported from a ter
ritory iuto p state, that they are not
dutiaele until congress has passed leg
lsia ton Imposing duties upon such
articles.
1.-THE he Lima case comes under the
nrst rule the goods having been
shipped % Nev York before the pms
sage OF the Foraker act. The Downes
case and the other cases are brought
under the second rule, the goods hav-
ing been shipped ira after the passage
or the Foraker act Under this rule
or the decision st. would be lawful and
constitutional for congress 30 pass a
law imposing duties on goods shipped
from New Mexico to New York, or
from any other territory TO any state,
but until such legislation is passed no
uuties can be Imposed.
The decision Seems to hold that the
constitutional provisions relating to the
imp ssiJlon of duties in commerce be-
tween the states and territories are
uDu- self-eEecuting. The effect Of the
decision is to make PoreO Rico and the
Philippines subject TO an the self
executing provisions of the cOnstitu-
ton without the need of congressional
legislation AS, for instance, the self
executing provision of the constitution
that slavery shall not exist in the
United states or i'm any place subject 20
its Jurisdiction.
This IS effective in Porto Rico and
the. Philippines without any congress
Slonal legislation whatever Tt Is not
lawful. undec this decision, TO impose
duties on the products or The Philip
pines until congress shall pass an act
imposing such duties"
Colonel A. C. Ellis.
Colonel A c. ellis said.
'rhe decision means an exchange of
coHsritutimahsm for absolutisIn. IL
means that congress. the created, is
greater than The creator. the Coustitu-
ton. in the decision the bred Scott
TINS one bears a marked resemblance
TO the Othef The Dred Scott decision
gave the law TO the north and the negro
30 tie south. and in lis the islands
are given over to the IoOters, the fran
Chise- gTabbers and the rest who are
attached to the present admmistra-
don
'"The iestion arises whether. under
this decision, an American citizen. born
Under the constitution, which declares
me shall nave certain iualienable rights
would not lose them as soon as he set
foot OF the son OF the Philippines or
Porto Rico, provided congress wanted
90 AXE them sway from him. j have
not yet read sil the opinions thor
ouEniy but FROM my present under
standinE Of tnem 4 should say that
under Them congrefes could take away
from an American itizen I'm the Philip
pines the right of 'habeas corpus. the
right OF OVAL by jury and other rights
given h M by tine constitution.
up - the present we have
= boosted written constitution =
= gtlafanteeing certain rights 90 man 2
= wherever the flag S planted This 4
. decision Overtnrows our system Of =
> government and gives congress the =
= power to deprive The citizens Of =
q Arizona, of New Mexico and the =
= Philippines of these rights. The =
= decision saws we must trust To- the =
pr0bity of cougressr The Russians =
= must trust to tie probity Of the 2
. Czar. They are i'm his power The =
= inhabitants OF the territories are =
. absolutely at the mercy OF. con- =
gress,