The Montgomery advertiser., 1901-05-28
might. enact, Chief Justice Fuller said
 Justice Fuller's Concension.

might enact, Chief Justice Fuller said:
 Justice Fuller's Concension.
 The new master was, in this in stance, the United States, a oonstitu- tional government, with limited pow era. and. the terms which the eonstitu- ton itself imposed, or might be impos- ed, fn accordance with the eonstitu- ton, were the teEms on which the new master took possession"
 With reference to the treaty of peace the Chief Justice said: Tt certainly cannot be admitted that the power of Congress to lay and collect taxes and duties can be curtailed by an arrange ment made with foreign nation by the President and two-thirda of a quorum of the Senate."
 Chief Justice Fuller absolutely re- jected the contention that the rule ab- solutely rejected the contention that the rule of, uniformity was not anpli- cable to Porto Rico because 1t had not been incorporated into and become an integral part of the United States. say ing the logical result Is that Congress may prohibit commerce altogether be- tween the States and territories, and may prescribe ope rule of taxation in one territory and.a different rule in an- other The Chief Justice saids
 That theory assumes that the con stitution created government em' powered to acquire countries through ent rules than those obtaining in the original States and Territories. and substitutes for the present system of republican government system ol domination over distant provinces ir the exercise of unrestricted power.
 Tn our judgment, SC much of the Porto Riean act as authorized the i'm position of these duties Is invalid, and plaintiffs were entitled te recover"
 Justice HArlan's View.
 Justice Harlan then announcer his concurrence with the dissenting opin- ion, just delivered by the Chief Justice He regarded the Feraker act as uncon- stitutional in it's revenue provisions, and believed that Porte Rico, after the rat ification of tile treaty with Spain, be- came a part of the United States. Re ferring to the majority views that the power of our Government with respect to new territory Is the same power (which other nations had been accus- toned to exercise, MT. Harlan said: Ii the principles HOW announced should ever receive the sanetion of majority OI tnlS COurt, thS fcSutt VIII " AoN' cal and mischieTons change in our sys tenn tof government. We will, In tha' event, pass from the era of constieu- tional liberty guarded and protected by written constitution, into an era O legislative absolutism in respect O many rights that are dear to all peo ples who love freedom.
 '1n my opinion, Congress has no ex istence, and can exercise no authorit, outsidei of rEe censtitutiop. The ide' that this country may acquire terrific ries anywhere on the earth by eonques or treaty and hold them as mere cole nies or provinces. is wholly incorsist ent with the spirit and genius as vel as with the words of the constitution It It sfiii,ii sfi,i Se se et;i Gay ee. AE:e=te.s liberty If the theory of a governmen outside of the supreme law of the lant finds lodgment in our constitutional Jul risprudence." In conclusion, Justice Harlan said "The addition of Porto Rico to the ter ritory of the United States had beer recognized by direct action on tue par ef Congress. It has legislated in rec osnition of the treaty with Spain. l Porto Rico did not, by such action. be come a part of the United States, l did become at least when Congress passed the ForalSer act, cannot be lieva that Congress may impose an. duty. impcst CT excise with respect t that territory and its people which l not consistent with the constitutions renuirement that all duties, impost and excises shall be uniform through out the United States"