The evening times., 1901-08-17
STATUS OF THE PHILIPPINES.
The Administration Anxious for a
supreme Court Decision

]
supreme Court Decision.
Secretary Root has informed w @ San
ger, Acting Secretary Of War. that he
viii return TO Washington Monday, Au-
gust Is. He win then take up a number
of important matters relating 20 civil af-
fairs in the Philippines one subject
which will require much consideration is
that Of a general civil government for the
Philippine Islands. No general scheme
for the civil government has yet been
adopted. though the Philippine Commis-
sion sent 10 the War Department several
months ago a draft Of a proposed civil
government
At the present time Judge Taft is acting
as Civil Governor Of the Philippines un-
der the Presidents military power and
/ il is certain that this viii continue until
the Supreme Court tenders an opinion in
the Philippines case which went over
when the court adjourned for the sum
mer recess.
a cablegram which Secretary Root sent
10 Judge Taft at the time the Supreme
Court decided the Porto Rican cases gave
the views Of the Secretary Of War on the
scope Of the Supreme Courts decisions
but was not made public at the time. a
copy Of it was secured at the War De-
partment today. II says:
The Supreme Court holds that the uni
formity Of duties clause OF the Constitu-
tion does not apply 20 the government Of
the islands cedtd by Spain; that Congress
has power 10 impose customs duties on
/ imports from Porto Rico, and that such
duties levied under the Foraker act are
la@fuL The court also holds that imposi-
ton of duties on merchandise imported
D -. 4 Frr4. p
before the cession was q valid exercise Of
the Presidents power as military com
mandsr and that the sar1e duties imposed
after the cessiOn and before the passage
OF the Foraker act were invalid because
the United States, having both title by
cossion and peaceable possess on, Porto
Rico ceased 10 bc a foreign country with
i'm the terms OF the DiuEIey tariff
The court did not decide the case rails
ing the question Of the power of Congress
to impose duties in Porto Rico on imports
from the United States which is objected
10 as cons itu;lng an ~ -ort tax IN yio-
latiou Of the Constitution. Article J. Sec
tion g. The court did not decide the case
which raised the question Of the Presi-
dents power TO impose duties in the
United States urder the Dingley act upon
merchandise imported from the Philippine
Islands after the ratlEcaLon II the Treaty
Of Paris.
The most obvious distinction between
the status Of Porto Rice and the Philip
pines, after the cessi4r Indicated IN the
opinions Of the court. s IN the fact that
Porto Rico was at the time OF Cession IN
fun peaceable possession, while a state OF
war has continued in tho philippines. As
the question Of the Presidents power
20 impose duties ia the Philippine Islands
under the existing conditions or military
occupation has not been decided by the
court the President has determined 10
continue TO impose duties as heretofore
We hope for further decisions by the Su-
preme Court shortly after il meets In Oc-
tober and before the meeting Of Congress.
The re'-i.lOn Of the Philippine tar.G pro-
posed by you viii be considered in a few
days"
No explanation is given Of the reason
why the department hopes for action by
the Supreme Court before Congress meets.