The Minneapolis journal., 1901-05-28
THE SUPREME COURTS DECISIONS

The reader OF the majority opinion in
several of the insular status eases deliv-
cred by the federal supreme court yester-
day, is apt to conclude on the first read
ing that the supreme court does not know
''where it is at" and contradicts ltseII.
But, from Justice Browns rendering oil
the opinion of the majority of FIVE mem
bers, whatever may be the variant shades
OF Interpretation, the dominant feature
remains, both in the De Lima and DoWnes
cases, that all precedent establishes the
right of the United States to acquire ter
ritory and to govern it as congress elects
and to dispose of it as it sees fit; that
the constitution is not self-extending, but
is applicable to territories acquired Dy
purchase or conquest, only and so far as
congress shall direct that congress
must prescribe upon what terms the
United States will receive the Inhabitants
of acquired territory, as was done in the
cases of Louisiana. Florida. Northwest
Territory and Alaska.
The decision that duties were Illegally
collected in the De Lima case by the
United States is not inconsistent with the
position taken by the majority, for the
duties in question were collected during
the period between the ratification of the
treaty of Paris and the enactment Of the
Porto Rican tariff in the month of April
following. Previous to the treaty of peace
with Spain, under the military regime, the
custom duties collected were perfectly le-
gitimate, the territory, according to the
court, remaining foreign territory, the
flying of our flag over it not bringing the
provisions OF the constitution into opera
tion. After the treaty the status OF
Porto Rico was domestic territory, but
subject to congressional legislation as to
tariff or anything else, and, of course, If
congress delayed legislation several
months, no customs duties could be
legally collected. The court takes care to
decide that the duties collected since last
April under the Porto Rican tariff are
valid.
1t may be gathered from Justice
Browns deliverance for the majority that
there must be made distinction between
the character of these questions, the dis
position and government of terri
torial acquisitions being questions
belonging to the political depart
partments of the government and these
departments have practically unrestricted
power to determine them for the
best interests of the United States,-
the American nation, such questions not
being within the Jurisdiction of the ju
dicial power. Justice Brown thus fully
comedies the very large powers of con-
gress, noting that, while these vast
powers exist, the people are protected in
the matter of their personal rights under
the provisions of the constitution, even
aliens being protected in. life, liberty and
property.
The advocates of the ex proprio vigore
doctrine can find nothing to comfort and
encourage them in the decision of the
supreme court except that the majority
consisted of five members and four JUS
tices dissented, division which suggests
a remote possibility of reversal in the fu-
ture. The position of the government
IS, however, sustained on the essential
points and the islands will be dealt with
according to their urgent necessities.
They are not integral parts of the United
States and cannot be until made SO by
the action of the political departments of
the government, viz, the executive and
congress.