Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-05-27

Court Also Declares Matter Is
Political and Out Of
Jurisdiction.
Washington, May 2T.-The United
States supreme court today handed
down opinions covering all the issues
on TIE new insular possessions
which have been in controversy. AL
tho several decisions upheld con-
testants on certain Issues raised, yet
IN the most important decision, that
of Downes vs. Bidwel, Justice
Brown announced sweeping decis-
ion of the court upholding the gem
eral attitude and policy OF the gov
ernment up to the present time. The
effect of these decisions is to affirm
the constitutionality of the Foraker
act and to give congress power to
deal with the newly-acquired terri
tory in such manner as the legisla-
tive branch may consider suitable
for the new territory. The decision
also has the effect of declaring the
new insular possessions do not by
virtue of the treaty of cession ac-
quire all the privileges and rights of
the constitution.
Washington, May 27.-Justice Brown,
of the United States supreme court, to-
day announced the decision of the court
In the insular cases. Announcement of
the courts opinion was begun at 1921
D. m. The m ain opinion was handed
down In the Delima case. Justice Brown
first announced the courts decision on
the point of jurisdiction. holding the
court had no jurisdiction. The Delima
case involved Importation Of goods into
the United States from Porto Rico af-
, ter ratification of the treaty OF Paris
and before passage of the Porto Rican
act.
Delima & Company were doing bus-
San Juan, Porto Rico. during the
months of June and July, 1899, certain
sugars. products of Porto Rico. Upor
these sugars the collector of New York
demanded and collected about $4,000 a:
customs duties. Delima & Company
sued Bidwell. collector, as an individual
in the supreme court Of New York to re
cover back the duties thus paid, allegin:
they We're unlawfully demanded. in VIC
lation of the constitution and collected
under duress. the collector eNactint
payment of the duties as u condition o
the delivery of the sugars. On petition
OF the collector the suit was removed t
the circuit court of the United State
for the southern district of New York
which sustained the demurrer to th
complaint both on the ground of n,
cause for action stated and that tn
court had no jurisdiction. From thi
Judgment dismissing the complaint Del
Ina & Company prosecuted the erro
from this court
Justice Brown said whether sugar
dutiable depends on whether Porto Ric
was foreign country. He held tha
the right to acquire territory involve
the right TO govern and control Il b
congress, but he said the country coul
not be both foreign and domestic. Th
opinion Is opposed to the contention o
the government He concluded that a
tho time tho Cufia, ,uara collected Port
Rico was not foreign country, but tel
ritory of the United States Justic
Brown concluded as follows: IF an ac
OF congress be necessary to convert
foreign country into domestic terri
tory, the question at once suggests 1t
self, what in the character of legislatio
is demanded for this purpose? Will a
act appropriating money for its pur
chase be sufficient? apparently moi
Will an act appropriating duties collec,
ed upon imports to and from such cour
try for the benefit of its government /
sufficient? Apparently not. Will ac,
making appropriations for its post;
eeryice, for the establishment of ligt
houses for maintenance OF quarantin
stations for erecting public building
have that effect? Will an act establish
Ing complete local government but wit
reservation of the right to collect duti,
upon commerce, be adequate for thf
purpose? None of these. nor all tc
gether will be sufficient. IL the confer
tion Of government Is sound, since act
embracing all these provisions ha,
been passed in connection with Por
Rico, and 1t is insisted that 1t is still
foreign country within the meaning {
the tarif laws. We are unable to a.
quiesce in this assumption that the te
ritory may be at the same time bot
foreign and domestic. We are therefor
of the opinion that at the time these d,
ties We're levied Porto Rico was not
foreign country within the meaning
the tariff laws. but territory Of the Uni
ed States. and that the duties were |
legally exacted and plaintiffs entitled
recover them back, The Judgment