Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-05-28
HIGHEST COURT in THE LAND HOLDS
PORTO RICO IS NOT A FOREIGN COUNTRY
WRoNeFuLy

Washington, May 27.-Justice
Brown of the United States supreme
court today announced the decision Of
the court in the insular cases. The an
nouncement Of the courts opinion was
begun at 1927 o'clock. The main opin-
ion was handed down in the Delima
case. Justice Brown first announced
the courts decision on the point OF jur-
isdiction, holding the court had no jur-
isdiction.
History Of Case.
The Delima case involved the inn
portation of goods into the United
States from Porto Rico after the rat
ification of the treaty Of Paris and be-
fore the passage of the Porto Rican
act. Delima and Company, doing bus1-
ness in New York, imported from San
Juan, Porto Rico, during the months of
June and July, 1899, certain sugars,
products of Porto Rico. Upon these
sugars the collector at New York de-
manded and collected about $4,000 as
customs duties. Delima and Company
sued Bidwell, the collector, as an in
diyidual, in the supreme court of New
York, to recover back the duties thus
paid, alleging they were unlawfully de-
manded, in violation of the constitu-
tion, and collected by duress, the col
lector exacting payment of duties as a
condition of the delivery of the sugars.
On petition the collectors suit was
removed to the circuit court of the
United States for the southern district
OF New York, which sustained the de.
murrer to the complaint, both on the
ground that no cause for action was
stated, and that the court had no juris-
diction from the judgment dismissing
the complaint of Delima and Company
prosecute in error from this court.
Countries Not Foreign.
Justice Brown said whether sugars
imported from or into Porto Rico are
dutiable depends upon whether Porte
Rico is a foreign country. He held
that the right to acquire territory in
wolves the right to govern and contro,
1T by congress, but he said the country
could not be both foreign and domes
tic. The opinion was opposed to the
contention OF the government.
Is a Territory.
He concluded at the time the duties
We're collected, Porto Rico was not a
foreign country, but a territory of the
United States. Justice Brown con
cluded as follows:
If an act of congress be necessary
TO convert a foreign country into do
mestic territory the question at once
suggests itself, what is the character
OF legislation demanded for this pur
pose and will the act of appropriatine
money for its purchase be sufficient:
Apparently not. Will the act of ap
propriating duties collected upon i'm
ports to and from such country fol
the benefit of its government be suff
cient? Apparently not. Will the acts
making appropriations for it's posta,
service for the establishment of ligh1
house for the maintenance of quaran
tine stations, for the erecting of pub
lie buildings, have that effect and viii
an act establishing complete loca
government, but with the reservation
and right to collect duties upon com
merce, be adequate for that purpose
None of these nor altogether will be
sufficient, if the contention of the gov
ernment is sound, since the acts EN-
bracing all these provisions have beer
passed in connection with Porto Rico
Cannot Be Foreign and Domestic.
"And it is insisted that it is still s
foreign country within the meaning o.
the tariff laws. We are unable to ac
quiesce in this assumption that terri
tory may at the same time be both for
eign and domestic. We are therefore
of the opinion that at the time these
duties were levied Porto Rico was mo-
a foreign country within the meaning