Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1901-06-03
PART UNITED STATES
So Says Supreme Court as
to Porto Rico
Highest Tribunal Passes
Upon Insular Cases
Possessions Not Foreign
Some Dissent

form. Justices Gray, Shiras, White
with the conclusion announced by JUS
tice Brown, announced that they had
reached their conclusion by different
lines of argument, and Justices Cay.
White and McKenna announced op1n-
| ions outlining their respective posi-
lions. Justices Shiras, White and Nc
Kenna also dissented in the De Lima
case, uniting in an opinion Justice
Gray also presented an independent,
dissenting opinion in that case. The
small courtroom was crowded to reple-
ton throughout the day, prominent
government officials, many attorneys
being present and the proceedings
were followed from start to finish with
| keen interest.
| The decision in the De Lima case
hung upon the levying of 1000 in
duties on goods imported from Porto
Rico into the United States, the col
lection of duty having been sustained
by the lower court.
| At great length the court then dis
cussed similar cases arising from
/ previous acquisitions of territory by
the United States reviewing fully for
mer decisions of the court, involving
/ questions such as are presented in
this case and concludes there is not a
shred of authority except the dictum
in Fleming VS.. Page, for holding that
the district coded to and in possession
of the United States remains for any
purpose foreign country Posses
sion is not alone sufficient, as was
held in Fleming VS.. Page: nor is trea-
ty ceding such territory sufficient
without the surrender of possession.
ut follows from this that by the rat
island became territory of the United
States-although not an organized
territory in the technical sense Of the
word.
s'It is scarcely too much to say that
there has not been session of con-
gress since the territory of Louisiana
was purchased, that that body has not
enacted legislation based upon the as
sumed authority to govern and control
territories. Under this power con
gress may deal with territory acquired
by treaty; may administer it's govern
ment as it does that Of the District of
Columbia; it may organize local terri
torial government; it may admit it as
a state upon an equality with other
states; it may sell it's public lands to
individual clCiZens or may donate them
as hOmeSteadS to actual settlers In
short, when once acquired by treaty
it belongs to the United States and is
subject to the disposition of congress.
eve are therefore of the opinion that
at the time these duties were levied
Porto Rico was not foreign country
within the meaning of the tariff laws
but territory Of the United States and
the duties we're illegally e1actcd and
that plaintiffs are entitled to recover
them back"
In the case of Downes VS.. Collector
Bidwell, in which suit was brought by
| Downes to recover back duties paid
under protest upon certain oranges
consigned to the plaintiff brought from
Porto Rico in November, 1900, is in
volved the question whether merchan-
disc brought into New York from
Porto Rico since the passage Of the
Foraker act is exempt from duty The
circuit court of the United States for
the southern district Of New York sus-
tanned the government in imposing the
duty.
The supreme court affirmed the
opinion Of the circuit court saying:
eve are Of the opinion the island of
Porto Ric isterritor appurtenant and
belonging to the United States but not
part of the United States within the
revenue clause of the constitution and
that the Foraker act is constitutional
so far as it imposes duties upon i'm
ports from such islands and that the
plaintiff cannot recover back duties
exacted in this case"
Justice Harlan in announcing con-
curence with the dissenting opinion de-
livered by the chief justice in the
Downes case said: 'I take leave to
say that if the principles now an
nounced should ever receive the sane
ton of majority of this court, the re
suit would be a.radical and mischiev-
Gus change in our system of govern
ment. We will, in that event, pass
from an era of constitutional liberty. /
guarded and protected by written con-
stitution, into an era of legislative alb
solutism, in respect of many rights |
that are dear to all peoples who love |
freedom
I'm my opinion, congress has no ex-
istence and can exercise no authority |
outside the constitution Still less is |
it true that congress can deal with |
new territories just as other nations
have done or may do with their new