Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-05-27
Justices Gray, Shiras, McKenna and him

Justices Iray, SniraS, Mchenna ana nim-
self.
Justice Brown next announced the opin-
ion in the case of Downes agt. Bidwell. re-
lating to shipment of oranges from Porto
the Foraker act. The objections to the
lower courts jurisdiction were overruled
Justice Brown then proceeded to show the
difference of the question in this case from
that involved in the first case decided, this
ufnerence- being based on time and the
course taken by the executive and 1egisla-
tive branches of the government.
He said there was considerable diver
gence In the opinion of the court in the
past and too much weight should not be
given to particular phases Of past decisions,
such as that referring to the supreme au-
thorlty OF Congress. as that might refer
to the supreme authority of Congress I'M
der the Constitution. After Analysing the
case Of Loughborough against Blake the
Justice summed UP the conditions under
which territories were not in the same po-
S1t1on as states
Justice Brown said the essential question
was of political character and must be
dealt with by the political branch Of the
government. He referred to the grave re-
suits which might follow from any false
step by the political branch at this time.
In conclusion he announced that the judg
ment of the circuit court was affirmed, the
effect being to affirm the constitutionality
of the Foraker act and the right of Con-
gress to deal with new territory.
Justices White, Shiras and McKenna,
through an opinion by Justice White, an
nounced concurrence in the opinion of the
court. but gave different reasons for their
conclusion.
Justice Gray also delivered an opinion of
MS own In this case, and the chief justice
and Justices Harlan and Brewer united in
a dissenting opinion.
Solicitor Generals Statement.
Solicitor General Richards made the fol-
lowing statement to Star reporter of the
effect Of the decision.
ON all material points the government
has won victory. The court sustains the
validity of the Porto Rican act and up
holds the power of Congress to govern ac
CURED territory according to its needs
without being hampered by the revenue
limitations of the Constitution, which were
only intended to apply to the states"
The Supreme Court OF the United States
has decided % that Porto Rico has not
been, since the treaty Of Paris, a foreign
country, but territory of the United
States, and that consequently duties levied
under the Dingley act applying specifically
to the products Of foreign countries were
illegally collected upon importatons from
Porto Rico, and 20 that while Porto Rico
Is territory Of the United States, 1t is rot
included within 1.-The United States as
those words are used in the uniformity of
duties clause Of the Constitution, and that
consequently the Foraker tariff act for
Porto Rico is constitutional and the duties
levied under it upon Porto Rican importa-
tions are legal.
The duties collected under the Ding1ey act
are to be refunded; those collected under
the Foraker act are held good.
The full power of Congress to legislate
for the territories. unembarrassed by the
constitutional limitation of uniformity of
tariff duties which applies to the states, is
sustained.
This constitutional provision does not fol-
low the flag.
The net result Of the decisions is a vic
tory for the governments insular policy
and for the contention of broad powers of
Congress in dealing with the territories