The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-06-04
THE SUPREME COURTS FINDING

ORRoA 6AA1A Aon that AoAS
to handle the question or questions
that grow put of the decisions of the
Supreme Court of the United states
fully sustaining h very remarkable
dealings Of Congress with outlying
territory. It now looks as If the con-
stitution did not follow the American
flag and the decisions and powers Of
the federal congress were supreme,
greater than all presidents and the con
stitution itself. The vote was close
among the justices. but one majority
for the extraordinary decision that
sustains McKinleyism. Able dissent
ing views were offered. Chief Justice
Fuller was of the number, and he is
one of the ablest men of the court.
He held that the constitution was for
all ages, that congress is not it's master
but its creature and consequently the
legislative body cannot go beyond the
written law. But among republicans
and democratic latter-day boilers such
a view will be deemed inexpedient, an
~tiquated, bottled opinion. Justice Nc
Kenna dissented also and read an
OD4lllOiI. oll dlSoCINo. oo-
Iicitor General Richardson thinks the
decision also sustains the Spooner case,
and is a victory for the Mckinley gang.
The solicitor general made this state
ment or presented this issue: May
there be two classes of persons in the
Ur ted States-citizens clad in inalien-
able rights and subjects with 10 rights
except such as the b~enevolence and the
discretion of president and congress
may grant?"
The decision will have tremendous
reach and will AVE much to do in
unsettling the fundations of a real re-
publican governments government
of the people. 1t makes the congress
simply o~rhnipotent and every thing
else must crumble before or succumb
to it's mandates.
In "insular cases" the Foraker act is
sustained. The court decides that the
congress has a right or power to raise
revenues. and that Porto Rico is not
foreign territory. In that island the
levying of import duties before the
passage of the tariff law was illegal,
put the congress has acted within it's
constitutional authority in making
Porto Rico pay customs, although not
a foreign country. The Baltimore Sun
summarizing the decision says:
"In the Downes case, dealing with
the legality of the eXaction of duties
ON goods sent from Porto Rico to New
York after the passage Of the Foraker
act. it was held that these exactions
were constitutional.
This decision was in favor of the
government.
The chief justice dissented from the
above opinion, holding that the sources
of national power in this country is the
constitution. and the government. as
to our internal affairs, possesses no in
herent sovereign power not derived
from that instrument, and inconsistent
with it's spirit.
Justice Harlan held hat mgr has
no authority outside of the constitu-
ton which created it.
In effect yesterdays majority opin-
ions mean that congress has power
under the constitution to prescribe the
name OF collecting the of
the country's irsular possessions and
has a right to lay a duty on goods inn
ported from this country into them"
~ t1C SOlSI oil 4LllpOoC loAOS
upon imports from Porto Rico, a
territory Of the United States. But
what does the despised constitution say
as to this: 1.-The constitution provides
that "all duties, imposts and excuses
hall be uniform throughout the United
States The Baltimore Sun says that
this decision will give great comfort
RI tho nrofonfinniSf advocates Of the
expansion policy, who feared that the
tariff wall between the United States
and its dependencies would not be al
lowed to stand by the supreme court
The Foraker act, as was pointed out
in the argument before the court BY
the able constitutional lawyers opposes
to the governments contention, is the
first one in our history in which ar
attempt has been made to impose take:
or duties upon goods because they are
shipped from n territory to the states
n other territories of the United
States"
This is novel but not surprising. II
is heraided that Mckinley was conf
e that the republican supreme court
woul go with him. The Sun again
says:
1.-The constitution not only provides
for uniformity of taxation. but, as was
pointed out in tie argument before the
supreme court, declares that no taS
or duty shall be laid on articles export
ed from any state 1t does not as Mr.
Carlisle himself argued, provide mere.
ly that congress shall not impose such
a tax OF duty, or that the president
shall not do so, but positively anC
broadly that it shall not be done by
anybody at ALL The purpose of thu
prohibition was to prevent discrimina.
ton by n state against another, OF
against one section of the countr!
in favor OF another. Any other con
~Struction,' said Mr.. Carlisle. would en-
able congress to break up n ruiz
h m OF some of the othe
states by h imposition of discrimi
mating taxes nj duties upon thei
products when sent beyond their limit
for sale"
The best republican statesmen an