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

local territorial government; 1t may adj
init 1T as a state upon an equality with
ether states; 1T may sell its public own
.ngs to individual citizens or may do
| nate them as homesteads to actual set
tiers. In short, when once acquired by
treaty 1t belongs to the United States
and is subject to the disposition of con-
gress.
Territory thus acquired can remain a
| foreign country under the tariff laws on
| ly upon one of two theories: either the
word foreign applies to such countries
as foreign at the time the statute was
enacted, notwithstanding any subse-
quent change in their condition; or they.
remain foreign under the tariff laws un-
It'll congress formally embraced them
within the customs of the union of
states. The first theory is obviously un-
tenable, while the statute presumed to
| speak from the time of its enactment,
and it embraces all such persons or
things as subsequently fall within its
scope and ceases to apply to such as
thereafter fall without its scope"
The theory that the country remains
foreign with respect to tariff laws until
icongress has acted by embracing it
within the customs union, presupposes
the country may be domestic for one
i purpose and foreign for another. 1t may
undoubtedly become necessary for the
4 adequate administration of domestic
4 territory to pass a special act providing
i proper machinery and officers, as the
president would have no authority, ex-
lcept under war power, to administer it
himself; but no act Unnecessary to make
it domestic territory If once 1t has been
Il 49, II Wy
4 no opinion as to whether congress is
bound to appropriate money to pay for
ut. This theory also presupposes that
/ territory may be held indefinitely by the
United States: that it may be treated.
in every particular except for tariff pur-
lposes as domestic territory that the
laws may be enacted and enforced by
officers of the United States sent there
for that purpose; that insurrections may
be suppressed, wars carried on, reve-
: nues collected and taxes imposed; in
4 short, that everything may be done
which the government can do within its
4 own boundaries and yet the territory
may still remain foreign country That
this state of things may continue for
4 years, for a century even, but until con-
gress enacts otherwise. it still remains a
foreign country. To hold that this can
! be done as n matter of law we deem to
be pure judicial legislation. We find no
warrant for 1t in the constitution or
powers conferred upon this court. 1t is
true non-action of congress may occas-
ion a temporary Inconvenience; but 1t
does not follow that the courts of JUS
tice die authorized TO remedy 1t by in
verting the ordinary meaning of words.
"a single further point remains to be
: considered: 1t is insisted that an act
D of congress. passed March "a. 1860, ap-
: plying ( the benefit OF Porto Rice the
Q amount of the customs revenue received
e on importations by the United States
from Porto Rico since the evacuation
/, of Porto Rico by the Spanish forces in
: October 1898, to Jan. 1, 1900, together
3 with any further customs revenue coll
Il lccted on importations from Porto Rico
!, since Jan i, 1900, or shall hereafter be
collected under the existinb law, is a
recognition by congress of the right TO
. collect such duties as upon mportations
: from foreign country and the recogni-
e tion of the fact that Porto Rico contin-
: ued to be a foreign country until con
a gress embraced it within the customs
i union. 1t may be seriously questioned
: whether this is anything more than a
0 recognition of the fact that the monies III
: the treasury We're not subject to the ex-
r istng appropriation laws. Perhaps we
. may go farther and say that. so far as
( these duties are paid voluntarily and
o without protest, the legality of paymen,
e is intended to be recognized but it car
I clearly have no retroactive effect as IL
: monies heretofore paid under protest
a for which action to recover back had al.
: eady been brought"
G After Justice White had concluded his
!, opinion, Justice Brown announced ths
s decision of the court in the case OF
n Armstrong VS.. United States, covering
e the shipment of goods to Porto Rico
e This case. the court said, was similar t.
e the Dooley case. While the duties prior
e to the treaty were proper those subse.
: quent to the treaty We're not. The judg-
: ment of the circuit court is reversed
r Justice White announced the dissent ol
e Gray, Shras. McKenna and himself
e Justice Brown next announced the
e opinion in the case OF Downs VS.. Bid
t welb relating to the shipment OF
il oranges from Porto Rico to New Yorl
o after enactment of the Foraker act
v Objections to the lower courts jurisdic.
e tion were overruled. Brown then pro.
n ceded TO show the differences of the
d question in this case from that involved
e in the first case decided, this difference
: being based on time and the eours,
: taken by the executive and legislativ,
) branches of the, government. He sal,
l. there was considerable divergence il
: the opinion of the court in the past ant
It too much weight should not be givel
II to particular phases of past decisions
;e such as that referring to supreme au
Il thority of congress, as that might re
IS fer to the supreme authority of con
n gress under the constitution. After an
,r alizing the case of Loughborough VS.
$ Blake the justice summed up the condi
l. tions under which territories are not oil
1t the same position as states.
a a TIE QUESTIONS INVOLVED.
lie Solicitor Richards Prepares sum
d, mary of Points Decided.
n Washington, May 27-Solicitor Gen
= eralp Richards has prepared an unofii
is cial statement showing the questions in
le yolved in the cases decided by the su
'e preme court today. as follows:
L All these cases are virtually custom
"a cases. They raise the validity under tn
$ constitution of the following exactions
I gN.,