The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1901-05-31
General Attitude and Policy of
Government Up to the Pres
ent Time Is Upheld.
Constitutionality of the Foraker
Act Affirmed and Gives Con-
gress Power to Govern.
In Delima Case, Involving Collection OF
Duties on Porto Rican Sugars, De.
cisioa Is Against Government.
On;nion Delivered by Justice Brown
-Justices Mckenna, Shtrns ana
White in DissentinE Opinion.


Washington, May 2s.-The United
States supreme court Monday handed
down opinions covering all of the is
sues on the new insular possessions
which have been in controversy. Al
though several of the decisions upheld
the contestants on certain issues
raised, yet in the most important de-
cision, that of Downs against BID
we'll, Justice Brown announced the
sweeping decision of the court uphold
ing the general attitude and policy OF
the government up to the present
time.
The effect of this decision is to con-
firm the constitutionality of the For
aker act and to give congress power to
deal with the newly-acquired territory
in such manner as the legislative
branch may consider suitable for the
new territory. The decision also had
the effect of declaring that the new
insular possessions do not by virtue OF
the treaty of cession acquire all the
privileges and rights of the constltu-
ton.
Delivered by Judge Brown.
Washington, May 2s. - Justice
Brown, of the United States supreme
court, Monday announced the deci-
sion of that court in the insular
cases. The announcement of the
courts opinion was begun at 1927.
The main opinion was handed down
in the Delima case. Justice Brown
first announced the courts decision
on point of jurisdiction, holding that
the court had jurisdiction.
The Point Mt Issue.
The Delima case involved the i'm
portation of goods into the United
States from Porto Rico after the rati-
fication of the treaty of Paris and
be fore the passage of the Porto Rican
act.
Delima & Co., doing business in
New York, imported from San Juan,
Porto Rico, during the months of
June and July, 1890, certain sugars,
the product of Porto Rico. Upon
these sugars the collector at New
York demanded and collected about
$4,000 as customs duties.
Delima &, Co. sued Bidwell, the col
lector, as an individual, in the SUI
preme court of the state of New
York, to recover back the duties thus
paid. amounting in all to $13,145, al
leging that they were unlawfully de-
1nanded, in violation of the consti-
tuition and collected by duress, the
collector exacting the payment of the
duties as condition to the delivery
of the sugars. On the petition of the
collector the suit was removed to the
circuit court of the United States for
the Southern district of New York,
which sustained a demurrer to the
complaint, both on the ground that
no cause for action was stated and
that the court had no jurisdiction.
From the Judgment Diminishing the
complaint Delima & Co. prosecute err
TOR from this court.
Not Both Foreign and Domestic.
Justice Brown said that whether
the sugar imported from or into
Porto Rico were dutiable depends
upon whether Porto Rico is for
cign country. He held that the right
to acquire territory involves the
right to govern and control it by con-
grcss, but he said that country
could not be both foreign and do
nestle.
Govcrnme nt's Position Opposed.
The opinion was opposed to the
contention of the government. He
concluded that ut the time the du-
ties were collected Porto Rico was a
territory and not foreign country,
but territory of the United States.
Conclusion of Opinion.
Justice Brown concluded as fol-
lows:
''1f an act of congress be necessary to
convert a foreign country into domestic
territory, the question at once suggests
itself, what is the character of the legis-
lation demanded for this purpose? Will All
act appropriating money for its purchase
be sufficient? Apparently not. VIII an
act appropriating the duties collected upon
imports to and from such country for the
benefit Of its government be sufficient?
Apparently not. Will acts making appro-
priatlons for its postal service. for the es-
Establishment of lighthouses. for the main
tenance of quarantine stations. for erect
ing public buildings, have that effect?
Will an act establishing complete local
government, but with the reservation of
a right to collect duties upon commerce be
adequate for that purpose? None of these
nor all together. will he sufficient. II the
contention of the government be sound.
since acts embracing all these provisions
have been passed in connection with Porto
Rico, and it is insisted that it is still
foro;rp colntrv within the ming Of the
tariff laws. We are unable to acQuiesce ir
this assumption that a territory may be
at the same time both foreign and domes-
tic.
1--WE are therefore Of opinion that at the
time these duties were levied Porto Rico
was not foreign country within the mean