The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-06-05
VIEWS oF GEN. JOHN w. FOSTER
suPREME COURT DECISIONS DIS
CUssED BY An INDiANIAN.
Inference Between the Porto Rican
Cases and the Philippine Question
That May Require New Ruling.

WASHINGTON. June About the lst or
next month full civil government Will be
set up i'm the Philippine islands. exactly as
projected by the Philippine commission. AS
soon after that date as administrative ma
chinery can be made ready for IL the new
Philippine tariff will be proclaimed. also
following out the original plan formed be-
fore the announcement of the decisions or
the Supreme Court last week. 1t has also
been decided that there was no reason Tor
an extra session of Congress. These de-
examinations followed careful study OF
the decisions of the court by Attorney Cen
eral Knox and Secretary Root. the results
of which were made known at the Cabinet
meeting to-day. After two hours discus
sion the Cabinet was unanimous in the
oninion that the recent Supreme Court de-
eisions called for no change in the govern
roent's programme. Secretary Root has
had little doubt at any time since the
courts action of the feasibility of continu-
ing the execution of the Philippine pro-
cramme without violating anv OF the prin-
ciples enunciated by the court, and ms
study of the courts opinions was mainly TO
make sure that he had not overlooked any
thing in the decisions that might qualify
that belief on his part. He has not found
in any of the decisions delivered by the
justices anything 10 shake his original idea.
and so advised the Cabinet. Attorney Cen
eraI Knox after an independent considera-
tion OF the decisions, OF the same mini,
SO the original programme will be carried
out The attorney general submitted TO the
Cabinet a very elaborate review OF the Su-
preme Court decisions. with his conclusions
thereon.
AS TO the legal status of the islands, the
officials have nothing to say, but, while re-
serving full liberty 10 meet any legal at
tacks as may be thought best, the general
statement Is made that the exercise OF au-
thority In the Philippines is TO be by virtue
OF the supreme power repOsed in the Pres
ident; il may be either as commandment
chief of the United States military estap-
lishment or by reason of the special desig-
nation in the SpOOner law; perhaps elther'
IL IL said. will be sufficient.
The civil government TO be set up Is To be
established under the military government;
and will be a civil government exercised
through the military powers or the Pres
ident. The collector at San Francisco Will
continue collecting Dngley duties on I'M
ports from the Philippines, the Cabinet
has assured itself that the practice Is legal
or, at any rate, that they are not bound tc
declare otherwise In the absence OF a con
thority The failure OF the court 10 an
nounce decision in the fourteen diamond
rings caSenthe one anV9,rns 'nG Suties oy
goods coming from the Philippines-is re-
earded as warranting the BELIEF that tht
court did not find in this case parallel tt
the De Lima case.
The report OF the Philippine commission
setting out in vast detail the complete
scheme of civil government devised by
them. is now in Washington, and, the lega
difficulty being passed consideration VII
now be given TO this report IL would no
be feasible TO notify Judge Taft by mail o
his appointment the nrst civil governor
of the Philippines i'm time for him TO as
sumo office by July l. so this must be don'
by cablegram.
The decision of the Cabinet was an
nounced after the Cabinet meeting in tn
Cortelyou: ''rhe President has determined
that existing conditions do not require o.
warrant calling Congress together durlni
the present summer or making any chang
in the policy hitherto pursued and an
nounced in regard TO the Phlllppn
The Supreme Court decision, as viewed b.
the administration. settles, first, that tn
Foraker act is constitutional; second. tina
the collection of duties on Porto Ricai
products between the time of the cesstoi
OF the island Of Porto Rico and the pas
sage OF the Foraker act was illegal an
must be refunded These are held TO b
the main essential points OF the decisions
Nothing In them In construed 10 apply I
the tariffs situation as between the Unite
states and the Philippines. The conclu
sions of the Cabinet are not based on an
knowledge as 10 the prospective Philippin
decisions of the Supreme Court, thouG
A. is declared there is little apprehenslO
as TO the findings of that decision. II tn
present system is upset in that decision
which Is not anticipated. there viii be III
Tie dif1culty IL is believed, In refundin
the amounts meantime collected under Pre-