The age-herald., 1901-05-31
THE SUPREME COURTS
 INSULAR DECISIONS
BY ALBERT HALsTEAp.

leave to file petition for a rehearing in the Fairbank case. This case was a crim- inal prosecution against the Northern Pacific Railroad Company for failure to aflx stamps as required by the war rev enue act upon export bills of lading. The court five justices assenting and four dissenting, decided that this was substan- tially a tax upon exports and therefore unconstitutional. The court may deter mine that the Fairbank case shall be re- garded. after considering the points rais- edan Solicitor General Richards petition. If 1t does the same argument against the stamps on export bills of lading being in effect an export tax will be applicable to the second Dooley case Hence it is held by some lawyers that in giving the solicitor general, MT. Richards, permis- sion to file the petition for rehearing the court wants to get additional arguments on the export tax question as regards the Fairbank and the Dooley cases, not be- ing entirely clear on the question, and consequently the second Dooley case was |. held over.
 Inasmuch as the fourteen diamond rings" case. involving the Philippines has not been decided by the court, the Treasury Department will continue to levy duties on imports from the Philip pines until that case Is decided. Such duties will be paid under protest and re- funded. should the case go against the government.
 As soon as prepared the new tariff on goods imported into the Philippines will go into effect. This tariff will be levied under the authority granted the Presi- dent in the Spooner amendment to govern the Philippines until Congress otherwise provides. Doubtless the question of the oonstitutionality of such a delegation of power will be raised later and an inter- esting argument will follow Thus 1t is regarded as likely that for two or three years the Supreme Court will have be- fore it cases of the greatest importance, involving the constitutionality of legisla- tive and Congressional acts in the matter of the new possessions. s1 And then the matters will be permanently decided A few people. however, anticipate decisions that will materially change the view that now prevails as to the powers of Congress over new territory powers that have been regarded as the necessary attributes of sovereign nation such as the repub- lie of the United States Is.
 Nothing in the decisions of the Supreme Court Is regarded by those in authority as giving the least reason or excuse for an extra session of Congress.
 The friends of Senator Foraker the father of the Porto Rican tariff and civil government act, are now arguing that the victory gained for the government in this case-a victory that Is of such moment to the future of the nation-makes him more formidable candidate for the Presi- dency in 1904. Senator Foraker has not been cultivating the Presidential bee with any degree of earnestness, though nat urally proud of the mention of his name in that connection He Is more engrossed just at present in the question of his re- election to the Senate and it is probable that the decision of the Supreme Court will materially benefit his Senatorial can didacy. StiIl, it is not to be forgotten that Senator Foraker has a popularity and strength with Republicans that of it. self makes him Presidential possibility who cannot he overlooked