The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-05-28
DISSENT TING OPINIONS
OFFERED BY JUSTICES
Some Agree With Conclusions But disagree AS
to Arguments Chief Justice FulIer's Views

ily IN the first instance, be .goVerned
by the military power, under the cod
troll Of the president az cOmmander-.n-
chief, civil government cannot take
I under military authOrity, or even as
soon as that possession is confirmed by
treaty ltscau be putin Opera ton only
by the action of the appropriate pOliti-
such time and ia sach degree as that
department may determine. There
must Of necessity be a transition
period.
so long as congress has not fncor-
porated the territory into the United
states neither military occupation nor
/ cession by treaty ma lSes dhe conquered
terT1tOr. domestic territory in the
sense Of revenue laws But those laws
concerning foreign countries remain
applicable to the conquered territory
until changed by Congress-. Such was
the undnfrnOus opinion OF this court, as
declared by Chief Justice fancy in
Fleming W Page.
IF congress is not ready to construct
a complete government of the con-
quered territory st may establish a
temporary government which is not
subject TO all the restrictions Of the
cons Hutton
such was the act of congress of
April ~. 1900, entitled, An Act Tenn
porarily to Provide Revenues and q
Civil Government for Porto Rico and
I for Other Purposes. The system Of
dutie- temporarily established by that
%Ithln the authority Of congress under
the constitutions OF tie United States.
DISSENT IN DowNEs CASE.
The chief dissenting opinion in the
( Downe1 case was announced by Chief
{ J usttce Fuller, Justices Harlan Brew
er ana Peckhara 5oininge in the dissent.
lie said Tire majority, though widely
{ differing il their reasoning. seemed 10
! concur in the view that Porto Rico sbe-
I longs 60 the United States, but never
Y tneless IS not a part OF tise United
( states subject to the provision of the
CONSTITUTION 10 respect to- taxes. The
( Foraker act. under which The duties
! were levied. erected a complete form of
/ government Tor Porto Rico, with a
+ s3eciaI provision that the taxes levied
i - the Cuited states on Proto Rican
! exports shOuldf be held as d Special
fund for Porto Ftica's benefit lit was
aqn'ttec that on its faee- the part of
/ tne act with reference to duties did not
+ prese rlped BY the constitution,
Iile cO1stitutiousl uniformity is a
J geographicaI uni iormity but" the
4 opinion continued. it was said thar
j congress in attempting to levy these
duties was not exerai Using powers de-
n
4 or restricted By it, because in dealing
I With the territories. congress exercises
! unlimited powers Of government and.
J moreover, that these duties are merely
( local taxes.
This ceupt. ia 1920 when Marshall
I was chief Justice and William Johnson.
E Llvingston, Todd DuvalI and story
were ais associates. took a different
/ view 81 -tne peVs5r Of congress in the
matter Of laying and c0lleeJing taxes,
4 duties. i1nposts aIld excuses in the terri
l9ileS, and rs ruling IN LOUBhbrOUgh
( vs. Blake IS Wheaton, 80 has never
L been oVerruled. Ut IS said In one of the
T opiHlons or the ulap0rfty That the chief
f. Justice made certain assertions which
nave, occasioned some embarrassraent
Z IN CtaeI- cases
I oVERRULEs DECISION.
FL agrec that the opinton OF the court
4 deiiEeFed by him must De embarrassing
! tn tais case. for Ii IS necessary to over
I rule that decision la order to reach the
result herejFi annoHuIed..
hel Justice Marshall in thattcase,
! IN considering the opinion requiring
Ehat all duties. inlposts and excuses
! shall he Uuifornl thiU9ghOut the United
Does this term Cine United Stdtes)
designate the whole or any portion 81
tle american e1pplre2 Certainly this
gaeslAon can admit OF but one answer
IL is The name gtEem 10 our great re-
i puDle- Nhfch IS, composed Of states and
I terri tories. The District of Commute
ol sls teIfitory west OF the missouri
IS not less within. the t'nited States
man en- NAT iand OF Penns yivania; ane
- y Hoe iras iet essaF5 on Uae primer
US ot 9l[ -toais'll ttiIlo{l. that uniform-
-sS ~ eile iIilposttIon % imppsts- -clties
sIl ueNcl5es should bet0DserVed ia the
- IAAil II ne osiels since then. the
10y - 20 ~ ans coHecl iaNes. syhicf
lil.l 49, dlrtet ttNes = ooViqusiy CO.
! * tshStLe Nttn ttie power 10 iaE ana
correct outeS. iulnusts and excuses, and
slhee the latter extends throughoj1t the
-t'hllel' states. % 1ouoAvs that the pow
ef 90 impose curecf taxes also extends
FhFoughoUt the United States
OF the suggestion that this statement
4 was mere dicta, Chief Justice Fuller
sadi.
N rrTr,4Tn r,-~,--
- - - - - - - y
the process of reasoI7i =. - ,gl1f,,t7 r ~
chief justice .r,st.ile.i aad +asteg -
sOuhdness Of MS ConcIusion - r5erely
Glitter The g.hief f,7s4i@e
held the territoIias AZ vtefl ae +tS..-f-l,e-
j met OF C,oriIrabia 10 oa uart - -
tinted Sfqfa.s. sfor .fl,a r.,r,l,os.s - -
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