Cameron County press. [volume] (Emporium, Cameron County, Pa.) 1866-1922, 1901-06-06
AFTER MANY DAYS
Supreme Court Renders a De-
cision in the Insular Cases.
The Contentious OF the Government
are Sustained by a Majority of the
Members of the Court and the
Status of Our New Possess
sions Is Defined.

| oplnloHS were handed down in all but
two of the cases before that court
involving the relation of the United
States to its insular possessions. The
two cases in which no conclusion was
announced were those known as the
fourteen diamond rings case and the
second of the Dooley cases. The
undecided Dooley rase deals with a
phase of the Porto Rican question and
the diamond ring case involves the
right to the free importation of mer-
chandise from the Philippines to the
| United States.
Of the several cases decided yester-
day the two which attracted the
greatest share of attention from the
court were what is known as the De
Lima case and that known as the
| Downes case, and of these two the
opinion in the Downes case is consid-
cred the most far-reaching, as it af-
| fects our future rela tons, whereas the
De Lima case dealt with transition.
al phase of our insular relations.
The De Lima case was the first to
receive the attention of the court,
and as it appeared to be quite sweep
ingly opposd to the governments con-
| tentions, many persons preclpitately
arrived at the conclusion that the
government had been worsted all
along the line. This view suffered a
decided change when the conclusion
was announced in the Downes case.
The court was very evenly divided on
both eases, but political lines were
not at all controlling.
The De Lima case involved the pow
er of the government to collect
duty on goods imported into the Uni
ted States from Porto Rico after the
ratification of the treaty of Paris
and before the passage of the Porto
Rican act. The court said the gov
ernments contention in this case was
substantially claim that Porto Rico
is foreign territory. The entire case
turned upon that contention. The
court held that the position was not
well taken; that Porto Rico was not
at the time foreign territory,and that
therefore the duty which had been
collected must be returned.
The decision in the Downes case fol-
lowed the history of the dealings of
the United States with Porto Rico a
step farther. That case dealt with the
legality of the eXaction of duties on
goods imported from Porto Rico into
New York after the passage of the
Foraker act providing for a duty upon
goods shipped from the United States
into Porto Rico, and also on those
shipped from Porto Rico to the United
States. In this case the court held
that such eXaction was legal and
constitutional.
The point of the two opinions con-
sidered collectively is that Porto Rico
was never, after the acquisition of
that island, foreign territory; that
until congress acted upon the ques-
tion no duty could be collected, but
that as soon as congress outlined a
method for controlling the islands
revenues that action became binding;
in other words, that congress has
power under the constitution to pre-
scribe the manner of collecting the
revenues of the country's insuar pos
sessions and has the right to lay q
duty on goods imported into our in
sular possessions from the United
States, or exported from them into
the United States. 1t holds in brief
that for taxation purposes they are
not a part of he United States to the
extent that goods shipped between
entitled to the same treatment as
though they were shipped between
New York and New Orleans.
Justice Brown delivered the courts
opinion in both cases and there were
vigorous dissenting opinions in both.
In the Downes case, four of the mem
bers of the court united in an opin-
ion criticsing in strong language the |
IN,
In this opposing opinion the chief JUS |
tice and Justices Harlan, Brewer and |
Peckham united, and the chief Justice |
and Justice Harlan presented their |
views in written form. Justices Gray, |
Shiras, White and McKenna also,
while agreeing with the conclusion |
announced by Justice Brown, an
nounced that they had reached the
conclusion by different lines of argu-
ment, and Justices Gray, White and |
McKenna announced opinions outlin-
ing their respective positions. JUS
tces Shiras, White and McKenna also
dissented in the De Lima case, unit
presented an independent and dis
senting opinion in that case.
The other cases decided by the
United States, involving duties on i'm
portations from Porto Rico. and
Crossman VS.. the United States, duties
on Hawaiian imports being involved
In these two cases the De Lima deci-
sion was followed and assessment OF
duties prior to enactment of legisla-
ton for the islands held illegal.
The assessment of duties was part.
ly sustained and partly upheld in the
cases of Dooley & Armstrong VS.. the
United States. The duties were held
legal when made during the military
occupation of Porto Rico and prior to
ratification of the peace treaty, but
Illegal when levied after the peace
treaty, but prior to passage of the
Foraker act.
Schooner and Six Lives Lost.
Milwaukee, May 2s.--The schooner
which woS wrecked off Sbpbnvrnn