The sun. (Wilmington, Del.) 1897-19??, 1901-05-30
COMMENTS OF THE DAY.
The Insular Cases.

From the Philadelphia North Amrrmah'
,rhr decisions Of the United States
S,tprpmr Court in the inslllar cases iuilS
.ust,in thr contention of the adlniniStrh-
,iou that the Constitution does no follow
,hr flag ana establish the validity Of snci
governmental policy toward our h'w
acurudrncies MS we have already rnt red
mon in the case Of Porto Rico. Congress [
has the power to enact any special legis-
lntion il may see fit, so long as 1t does
NOT run counter to II direct prohibition vi
The Constitution, for the administrator
| ~ the affairs of the Islands. Winnie the
| Court specifically declares that th'N are
| uut foreign hut domestic territory, IL ne
| lines their status more preciSriN ny ue
rlaring That they are not parts 81 lhe
United States. hut territory appertaihlnG
Io Inc United States Under his de-
rision al fear that the alien peoples
lwhom we have annexed in the two oceans
,nnst ~ ri.ht H. admitted Ia share in AL
priyilcgcs of citizens Of the Union is at
liycd. ucnccforth they are 10 lie ruled
liz the will Of Congress, not IN accord
ancr with the fixed principles laid down
FOR the protection Of the fnrty-tVr States
I The effect of this decision is to- open
thr way for indefinite expansion by
, purchase. CCssion or conquest. while re-
serving 10 the mainland the authority to
lrniSr tariff barriers against the new ter
Z ritory such rs it is forbidden to erect
I IhctwCcn til" States. This condition of
government from without, SO far as the
. tnIr makes known. may continue Tor
ever In effect, the Court has laid Il
D Iroad ana solid foundation for III" eNten
u sion of a world wide colonial system
/ absolutely controlled from Washington
/, HUnrrrulth the question of Expansion
= will lie one nf political rNpcdiency, not o
Y constitutional law.
II. The Court however. takes care To dis
81 ttinytlish between the powers Of the FIX
H. "cutvc and the powers of Congress. III
!, levying Of duties upon imports iron
:" Porto Rico to the United States after il
~ cvuclation by the Spanish was don
II, without authority. it sets forth in spcciil
lis terms until expressly ordered by act q
GOu..lcaS Pending such action. thel
y could have hccn, under the Constitution
a ma legal collection Of customs duties o
imports from Tie island. The gcncr,
nj llaws must be operative over all domcst
N Territory until they arc displaced i
' special laws for the territory outside Il
M pilo If the Constitution.
ho This diSposcs Of the ease of Porto 1tic
IN. for which Congress lrgiSlatcd more tn;
IN i year ago, hut what Of the Philippine
:" where tle power Of tho President
y" Still supreme? Is the Spooner hill bro;
I'd enough in its terms 10 make valid {
hi order Of tho War Department fixing
schedule Of customs duties? II not, v
y" must have free trade with the archipcl
'llr % until Congress dccrcrs otherwise r.
rS, President has been invested with
ics military civil and judicial powers for t
government Of the Philippines, hut cv
such grant Of absolute power won
W llot appear 10 make il possible for him
ON order iii" collection Of duties Mt Anne
ici can ports on merchandise brought FRI
or the Islands. It will not be surprising
Congress, after all its efforts TO avoid
~ extra session, should hc summoned
lich once to forcstall the possibility Of te
norary freedom Of trade MS 4 conscqucI
of or the Supreme Courts decision in
l., De Lima case.