Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1901-06-01
PORTO RICO AND THE PHILIPPINES
The Constitution Does Not Neces-
sarily Follow the Flag.

The Constitution Does Not Neces-
sarily Follow the Flag.
In the decision of the United States
supreme court on the Porto Rican tariff
question, rendered last Tuesday, the
government won a complete victory.
There were several constitutional
questions before the court; but the
main one whether or not congress
has the right to legislate for Porto Rico
and the Philippines as the conditions
existing in these possessions may re-
uuire, and regardless Of the constitu-
tional limits to legislation for the
United States.
There were three Of the Porto Rican
cases, all involving theusame questions
from one standpoint, but different ques-
tions from another standpoint. For In
stance, one grew out of the collection
of tariff duties after the occupation Of
Porto Rico and before the ratification
of the peace treaty. The second grew
out of the same proposition after the
ratification of the peace treaty and be-
fore the enactment by congress OF a
law providing for the collection of du-
ties, and the third developed after con-
gress had passed tariff laws for Porto
Rico.
The court held that duties collected
prior to the passage Of the Foraker act
were illegal. The decision was against
the government; but was of little i'm
portance, as it applies only to short
interval and conditions that cannot ex-
ist again. It was the last case. testing
the constitutionality of the Foraker
act, that was Of vital Importance.
Samuel B. Downes imported lot of
bananas from Porto Rico, and upon
their arrival in New York had to pay,
under the Foraker law, duties amount
ing to Is per cent of the Dingley act.
He tried to recover the money on the
constitutional ground that duties, i'm
ports and excises shall be uniform
throughout the United States" and
there came up the question whether
or not Porto Rico was a part of the
United States under the constitution.
The court was closely divided, stand
ing five and four. Justice Brown rem
dered the controlling opinion and was
sustained by Justices White, Shiras,
and McKenna, on different grounds.
Chief Justice Fuller and Justices Har-
Ian, Brewer and Peckham dissented IN
long opinions.
The opinion of Justice Brown is too
long for publication in full; but the
meat or It VIII De IOunQ III lHe idSl
paragraph which covers the whole eX-
pansion question:
Patriotic and intelligent men may
differ widely as to the desirableness OF
this or that acquisition; but this Is
solely political question. We can only
consider this aspect of the case so far
as to say that no construction Of the
constitution should be adopted which
would prevent congress from consider
ing each case upon it's merits, unless
the language of the instrument 1mper-
atively demands it. A false step at this
time might be fatal to the development
of what Chief Justice Marshall called
the American empire. Choice in some
cases, the natural gravitation Of small
bodies toward larger ones in others, the
result of successful war in still 9TH
ers. may bring about conditions which
would render the annexation of distant
possessions desirable. If those posses
sions are inhabited by alien races, diff
fering from us in religion. customs,
laws, methods of taxation and modes
of thought, the administration Of gov
ernment and justice, according to An
glo-Saxon principles, may for a time
be impossible, and the questions ought
not to be made for time, that, ul-