Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-05-28

OF the tariff laws, but a territory Of
the United States; that duties were
illegally exacted and plaintiffs entitl-
ed to recover them back.
Judgment Reversed.
The Judgment of the circuit court
for the Southern District of New York
is therefore reversed and the case re-
manded to that court for further pro
ceedings in consonance with this opin-
ion.
Three Justices Dissent.
Justice McKenna delivered dis
senting opinion. He was joined by
Justices Shiras and White.
Dissenting Opinion.
Justice McKenna, went into a detail
ed examination of the cases cited in
the majority opinion. He maintain,
ed they did not show a clear current
decision, but disclosed much diver
gence of view. He referred also to
the fact that precedents. not in con-
sonance with the majority view were
now dismissed as dictum and not bind
ing as an opinion. He spoke of the
dangers attending a dismissal of the
judicial opinion as ~dictum" and the
greater danger when such course
may interfere, or had interfered, with
the action of the nation. Constancy
and certainty of judicial opinion were
of the highest Importance, the justice
declared, and they should not be like
"exhalations of Marsh, shining mis-
tily."
McKenna's examination of many
precedents were exhaustive Almost
an hour was given to the showing as
| to what extent the circumstances in
each case bore on the present condi-
tion in Porto Rico.
Justice Gray Also Dissents.
Justice Gray also dissented from the
majority opinion in the Delima case.
Another Case:
| In the cases of Goethe VS.. the United
| States and Crossman VS.. the United
1 States, brought here From the circuit
court for the southern district Of New
York, to test, in the Goetze case, the
validity of'sthe levi. of a duty on the
importation of tobacco from Porto
Rico into the United States after the
ratification of the treaty and before the
passage of the Porto Rican act, and
in the Crossman case, the duty on liq-
uors imported into Hawaii after annex
alton but before the taking effect OF
the act providing for a government for
Hawaii, the court reversed the judg-
ments below for reasons cited in the
Delima case, holding the levy of duties
unconstitutional.
Miles Order Is Good.
Justice Brown also announced the
opinion of the court in the case OF
Dooley VS.. the United States involving
the duty levied on goods imported in,
| to Porto Rico from the United States
between the date of the military
occupation and the taking effect
of the Porto Rican tariff act
The court held there could be no doubt
of the validity of duties levied by vir.
tue of General Miles order prior to the
ratification of the treaty of peace. II
placed this right on the ground of mil
/ itary necessity.
Different After Ratification.
With reference to duties levied af.
! ter the ratification of the peace treaty
1 the court said different rule applied
and it held these duties invalid. JUS
tices Gray, Shiras, McKenna and
| White dissented, the latter delivering
the opinion. Justice White made
. the announcement that in the
Downs case, which questions the
validity of duties levied on or.
anges imported from Porto leo af
ter the Foraker act, majority of the
court would, as White stated it, re
verse itself and hold the duty valid
He said the opinion in the Downs
case which court would announce later
would thus leave to inconsistency the
court deciding that after the Foraker
act, Porto Rico ceased to be part o.
j the United States and before the For