The sun. (Wilmington, Del.) 1897-19??, 1901-05-28
GOVERNMENT UPHELD.
Supreme Courts Decision In the
Insular Cases.
PORTO RICO A TERRITORY.
hut In the Downcs Case II Is At
Grmed Ipy the Court Tint 1t
In Not Territory For
Tariff Purposes.

Washington, May 81. The United
states supreme court handed down
opinions covering MI of the issues on
the new insular possessions which
have been in controversy. Although
several of the decisions upheld the con-
testants on certain issues raised yet in
the most important dccision-thn of
nownes against NEUTRALITY-SUSPICIOUS.
announced the sweeping decision of the
court upholdiltg the general attitude
ANA policy of the government up to the
present time.
The supreme court holds that the
duties in the De Lima case were lille
galiy cXacted by the government.
In the eases of Goethe versus the
United States and Crossman versus the
United States. brought here from the
circuit court for the southern district
of New York to test in the Goethe case
the validity of the levy of duty on an
importation of tobacco from Porto RI
90 into The United States after the rati-
iication Of the treaty and before the
passage of the Porto Rican act, and in
the CrosSman case duty on liquors i'm
ported into Hawaii after annexation
hut before the taking effect of the act
providing a government for Hawaii.
the court reversed the judgments for
the reasons cited below in the De Lima
case, holding the levy of duties was I'M
constitutional.
Inst nj oil I'm
opinion Of the court in the case of Doc
ley versus the United States involving
tie validity of Il duty levied on goods
imported into Porto Rico from the
Emitted States between the date of mil
itnIy occupation and the taking effect
of the Porto Rican tariff act. The court
held that there could be no doubt of the
validity Of the duties levied by virtue
Of General Miles order prior to the rati-
ticatiOn of the treaty of peace. 1t
placed this right on the ground of mill
tary necessity
With reference 10 duties levied after
ratification of the peace treaty the
court said a different rule applied. and
il held these duties invalid Justices
Gray, ShiraS. McKpnna and White dis
Scntcd the latter delivering the opin-
ion,
Announcements by white.
Justice White in dissenting in the
Dooley case made the announcement
that in the DowneS ease. which qalcs-
tiuns The validity Of duties levied on
oranges imported from Porto Rico aft
or the Foraker act. the majority Of the
court would as Mr.. White stated II, re-
verse itself and hold the duty valid.
He said the opinion in the DowncS
case, which the court would announce
later, would thus lead to the inconsist-
ency of the court deciding that after
the Foraker act Porto Rico ceased to
be part of the United States, and be-
fore the Foraker act it was a part of
the United States.
The dissenting justices throughout
their dSsents took occasion to critcise
sharply the apparent conflict between
the majority ruling in the DE Lima case
and that which would follow later in
the Downes case.
In the Downes case the United States
supreme court decided, in an opinion
| by Justice Brown. that while Porto
| Rico is a territory Of the United States
it is not such for tariff purposes and
! that the Foraker act is constitutional
| The Judgment of the circuit court was
affirmed. \ dissenting opinion wa.
| handed down by Justice White ii
| which Justices Shras and Mckenn,
| concurrcd
| Justice Brown proceeded to show thS
difference Of the question in this cas-,
| from that involved in Tie first ease dc
cidel. this difference being based 81
time and the course taken BY Tin,
| executive and legislative branches o
the government.
History of the DE Lima Case.
The De Lima ease involved the i'm
portation of goods into the t'nitct
States from Porto Rico after tho mtiti
cation Of the treaty of Paris and bcfor
the passage Of the Porto Ricnn act.
| De Lima \ CO., doing business ii
New York, imported from san .lua1
L. r., during the months Of June an
July 1889, certain sugars. the produc
OF Porto Rico. Upon these sugars til
collector at New York demanded an
collected Sli,bOO as customs duties.
-" Lima y Co sued l1idwcll, the go
lcctor, rs IN individual, i'll the supren
court of the state of New York to i,
cover back the duties thus pAit
amounting in all to Sl3, liz, allegin
that they We're unlawfully demande,
, III violation of the constitutions ANA 90
lcctcd by dureSs, TIE collector cNnctin
the payment Of the duties as n copd
ton TO the delivery Of the sugars. o
f, thc petition of the collector she Su
= was removed To the civil court Of II,
i, United States FOR the southern aistri,
Of New York. which sustained a d,
murrnr to the complaint.
supreme Courts Opinion.
The case then went TO the suprcn
court. In reading the opinion .Iustc
/. Brown said that whether the sugar
. imported from or into Porto Rico WEI
{ dutiahle depends upon whether Port
J. Rico is foreign country. He hel
4 thai the right to acquire territory il
/, wolves the right to govern and contr,
). il by congress. hut he said that com
try could not be both foreign and d,
nestle. The opinion WINS opposed
the contention of the government. II
, concluded that Mt the time the duti,
were collected Porto Rico was d teri
I tory and not n foreign country, but
| territory of the United States. .Tustic
h Brown concluded as follows:
h IF i'm act of congress he necessary I