Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-05-28
SUPREME COURT SAYS
CONGRESS HAS POWER
SCRIBE MANNER OF COLLECT
ING INSULAR REVENUES.
IMPORT DUTIES ARE LEGAL.
STRONG DISSENTING OPINION S
HANDED DOWN BY THE MI
NORITY OF THE COURT.

OIICCl ototSo 0uPiSANC SooAS " NdJ
opinions were handed down in all but
two of the cases before that court in
volving the relation of the United
States to its insular possessions. The
two cases in which no conclusion was
announced were those known as the
fourteen diamond ring case and the sec
ond of the Dooley cases.
The undecided Dooley case deals
with a phase of the Porto Rican ques-
wolves the right to the free importation
of merchandise from the Philippines to
the United States. The original inten-
ton of the court had been to adjourn
for the term after to-day's sitting, but
discussion of the cases passed on to-
day took about five hours so the court
adjourned until Tomorrow, when it is
presumed the remaining cases will be
passed on.
CT the several cases decided to-day
the two which attracted the greatest
share of attention from the our were
what is known as the De Liman case
and that known as the Downes case,
and Of these two the opinion in the
Downes case is considered the most far
reaching as it affects our future rela-
tons, whereas the De Lima case dealt
with a transitional phase of our insu-
lar relations.
The De Lima case was the first to
receive the attention of the court and
as it appeared to be quite sweepingly
opposed to the governments conten-
tons, many persons p~recipitately arriv-
ed at the conclusion that the govern
ment had been wa-sted all along the
line. This view suffered a decided
change when the conclusion was an
nounced in the Downes case. The court
was very evenly divided on both cases
but political lines were not at all con-
trolling.
The De Lima case involved the power
Of the government to collect a duty on
goods imported into the United States
from Porto Rico after the ratification
of the treaty of Paris and before the
passage of the Porto Rican act. The
court said the governments contention
in this case was substantially a claim
that Porto Rico is foreign territory.
The entire case turned upon that con-
tention. The court held that the posi-
ton was not we'll taken; that Porto
Rico was not at the time foreign terri
tory, ari that therefore the duty
which had been collected must be re-
returned.
The decision in the Downes case fol-
lowed the history of the dealings of the
United States with Porto Rico a step
farther. That case dealt with the le-
gality of the exaction of duties on
goods imported from Porto Rico into
New York after the passage of the For
aker act providing for a duty upon
goods shipped from the United States
into Porto Rico, and also on those
shipped from Porto Rico to the United
States. In this case the court held that
such exaction was legal and consti-
tutional.
The point of the two opinions con-
sidered collectively, is that Porto Rico
was never after the acquisition of that
STAND foreign territory; that until Con-
gress acted upon the question no duty
could be collected, and that as soon as
Congress outlined a method of control
ling the islands revenues, that action
became binding; in other words, that
Congress has power under the consti-
tuition to prescribe the manner of col
Letting the revenues of the %country's
insular possessions, and has the right
to lay a duty on goods imported into
our insular possession from the United
States or exported from them into the
United States. 1t holds. in brief, that
for taxation purposes. they are not a
part of the United States to the extent
that goods shipped between their ports
and the United StAtes are entitled to
the same treatment as though they
were shipped between New York and
New Orleans.
Justice Brown delivered the courts
opinion in both, and there were vigor-
Gus dissenting opinions in both. In
the Downes case four of the nine men,
bers of the court united in an opinion.
In this opposing opinion, Chief Jus
tice Fuller and Justices Harlan. Brew
er and P-ckham united, and the chief
justice and Justice Harlan presented
their views in written form. Justices
Gray. Shiras, White and McKenna also
while agreeing with the conclusion an
nounced by Justice Brown, ~nounce
that they had reached the conclusion by
different lines Of argument. and JUS
ices Gray, White and McKenna an
bounced opinions outlining their re-
spective positions. Justices Shiras,
White mi McKenna also dissented in
the D. Lima case uniting in an opin-
ZKE