Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1901-06-04
InsuIar Policy Sustained.


The government was beaten in the first
case, and sustained in the second. AS
the Foraker act was the main issue, it
can be stated generally that the insular
policy of the administration has been sus-
tanned by the court of last resort.
Both of the issues decided by the court
express the opinion of a bare majority of
the nine justices. That majority was re-
versed completely by the action Of one
member of the court, Justice Brown, who
held first that Porto Rico clearly became
a part of the United States in a general
sense the moment the treaty of peace
was ratified, and then the same justice
held that Congress had the power TO leg
islate for the territories independent of
the constitution.
To show how curiously the court re-
versed itself in the same day, it is neces-
sary 10 note that the majority of the
court, which declared that the islands be-
came part of the United States when the
treaty was ratified, was made up of JUS
tees Brown, Fuller, Harlan, Brewer and
Peckham. To this decision Justices Gray,
White, Shiras and McKenna dissented.
Then, in the second case, wherein the
right of Congress to legislate for the ter
ritories independent of the constitution
was sustained, the majority was made up
OF Justices Brown. Shiras. White, Gray
and McKenna. To this decision Chief
Justice Fuller, Justices Harlan, Brewer
and Peckham deserted.
The curious feature, of course, is that
Justice Brown, who acted first with one
quartet and then with another quartet.
I ho
case. To cap the climax, when he deliv-
cred the opinion sustaining the right of
Congress TO iegislate for the territory
and upholding the constitutiOnality of the
Foraker act, his reason for arriving at
his decision was dissented to not only by
the four dissenting justices but even by
the four with whom he was acting TO
make up a majority.
In this second branch Of the case. in
volving the constitutionality of the Fora
ker act. Justices Gray. White. Shiras and
McKenna took occasion TO declare pub
licly that. while they agreed with Justice
Brown in declaring the act constitutional.
they did not at all 'gree with the reasons
which he assigned tlr his decision. Thus.
in the second branch o: the case. the re-
markable spectacle was produced of 4
justice reading majority opinion whose
logic was repudiated by every other mem
Der Of the bench.
Owing 70 the tangled condition Of az
faigs on she bench and tae different opin-
ions handed down. great confusion arose
as 70 the effect OF the actions Of the
court. snd the earlier reports sent cut
from Washington were almost wholly
misleading. In all these cases the cues
ton involved was the legality Of duties
assessed. either in this country or in its
island possessions. on goods passing be-
tween the two In no case is the rela-
ton OF the islands 10 foreign countries a
question n issue.
Effect Of the Decision.
The decision disposes OF a sOoJ MANY
ugly possibilities. II viii nE Ae uecss-
sary TO admit duty-free the su=sr ana
tobacco of Cuba If Il should be annexed.
II viii not be- necessary either 10 close
the open door" n the Philippines by
imposing duties on the goods imported
from foreign countries while those from
the United States 20 IN free. or 10 in
nose lower duties throughout The Tinted