New-York tribune., 1901-12-03
EFFECT OF THE DECISIONS.
CONGRESS WILL PASS 4 LAW FOR THE
PHILIPPINES SIMILAR TO THE
FORAKER ACT.
IBY TELEGRAPH TO THE rRIBuxE.I

Washington. Dee. I'm two sweeping de-
cisions to-day the Supreme Court of the United
States defined beyond peradventure the status
. of the Philippine Islands be exactly that of
Porto Rico The decisions even went further in
some essentials than did the batch of opinions
handed down by the court last spring in the in
sular test suits. in the that those rendered
to-day bring out in fuller detail the limitations
of this government in administering the affairs
of the islands so long they remain territory
appurtenant to the United States" or as de-
sCribed in all the legislation thus far affecting
them, territory belonging to the United States.
The cases passed upon by the court to-day are
the last of the series of suits brought to break
down the governments colonial policy and
establish the Democratic doctrine that the Con
stitution follows the flag proprio vigore.'
They argued elaborateIy last January and
February with Ex-Governor John W. Griggs, of
New-Jersey. then Attorney General, and SoIici-
tor General Richards for the government and
some of the ablest lawyers in the country the
other side, headed by John c.. Carlisle. who is
generally accounted the greatest living exponent
of Democratic contentious and theories. Out of
none of the courts decisions have the Demo-
cratic opponents of the Republican policy of ex-
pansiOn been able to extract one grain of COM
fort, except the unsatisfactory consolation that
may be derived from the circumstance that the
decisions have come from a divided court. But
in this there is not much political comfort
for the Democrats, by reason of the fact that
of the three Democratic Justices CWhte of
louisiana has consistently voted with the ma
jority of the court to sustain the government on
every important point. In view of this condition.
it is confidently predicted in the best informed
circles in Washington that the present colonial
policy of the government is now permanently
eliminated as an issue of national politics.
COURT DIVIDED FIVE TO FOUR.
1t is an interesting if not a significant fact
that in its final decision the court was divided
as it was in its first decis;ors-fve TO four in
favor ot the governm en-. Justice Brown cast
the deciding vote in the Philippine case, as he
did in the Porto Rican decisions handed down
last spring. and in every instance he has been
supported by the set of justices. That
is to say he and Chief Justice Fuller and Jus
tices Harlan. Brewer and Peckham have de-
clared that until Congress legislates for the
insular possessions there is no power in the
government to collect tariff duties products
imported into the United States from the ISL
ands acquired from Spain and then Justice
Brown has Joined justices Gray. Shiras White
ard McKenna in the declaration that Congress
has the power to modify the customs laws in
their application to the insular possessions thus
acquired suit the exgencies of the govern
ment or promote the interests of the islands.
In the Philippines case passed upon to-day ad-
versey to the government the contention was
set up that duties had been Illegally collected
on goods brought to the United States from the
Philippines after the ratification of the treaty OF
cession and before Congress had by special act
extended the customs laws TO the islands. That
was the contention made in the De Lima case
involving exactly the same principle The other
decision handed down to-day was in what Is
popularly known the second Dooiey case
and was brought from Porto Rico, involving the
right of the government to collect customs
duties on goods exported from the United states
IN Porto Rico after Congress had legislated for
that island In this decision the constitution
alitv of the Foraker law is fully sustained. SO
that no longer can there be any question or the