The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1901-06-01
Duties Collected Before the Passage
Of the Foraker Act We're Illegal
ana Must BE acknowledgements
lathe Right to Prescribe the
Method OF Collecting the Islands
Revenues and the Foraker Act Is
Held to Be constitutional - Tor
TaxatSD Purposes Porto Rico II
Not . Lrt Of the United States
Dissent1nR Opinions.

cases in which no conclusion was an
nounced were those known as the
fourteen Diamond Rings case and the
second Of the Dooley cases. The un-
decided Dooley case deals with a a
Of the Porto Rican question, ana the
damon rings case involves the right TO
the free importation of
from the, Philippines to h Uniteo
/ States. The original intention OF the
court had been to adjourn for the term
after yesterdays sitting, but discus
sion Of the cases passed on yesterday
took about five hours, so the court ad-
3ourned until to-day when 1t Is pre-
eumed the remaining cases Will pe
passed on. On h several cases de-
cided yesterday the two which at
ftracted the greatest share OF
Attention From the Court
were what is known as the De III
case and that known as the Downes
case, and of these two the opinion IN
the .Downes case Is considered the
most far-reaching as 1t affects our fu-
ture relations, whereas h DE Lima
case dealt with a transitional phase OF
our insular relations. The De Lima
case was the first to receive the at
tention of the court, and it appeared
70 be quite sweepingly opposed to the
governments contentious, man per-
sons .precipitately arrived at the con-
ciusion that the government had been
w,orsted all along the line. This view
suffered q decided change when the
conclusion was announced In the
pownes case. The court was very
evenly divided on both cases, but polit-
teal lines were not at all controlling.
The De Lima case involved the power
l0f the government to collect a duty on
goods imported into the United 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 governments con-
4antion In this case was substantially
4 claim that Porto Rico is foreign ter
ritory, The entire case turned upon
that contention. The court held that
the position was not we'll taken; that
Porto Rico was not at the time foreign
Territory; and that. therefore, the duty
.whichshad been collected must be re-
turned
i The decision in the Downes case
followed the history of the dealings OF
the United States with Porto Rico q
step farther. That case dealt with the
legality Of the %exaction Of duties on
xoods%imported from Porto Rico into
New York after the passage OF the
tForsker act providing for a duty upon
goods shipped from the United states.
IN this case the court held that such
iexaction was legal and constitutional
The point of the two opinions consid-
eredseollectively is that Porto Rico was
news,
After the Acquisition
~. that island, foreign territory; that
until congress acted upon the question
no duty could be collected, but that
az soon as congress outlined a method
,,of controlling the islands
That action became binding; In other
words, that congress has power under
the9fonstitution to prescribe the man
sIue1Fr,M8Sf collecting the revenues of the
VS. insular POSSESSIONS and has
theEa ght to levy a duty on goods i'm
into our insular possessions
froa the United States, or exported
frx8S them into the United States. 1t
in brief, that for taxation pur-
1rp0SSeeS they are not a part of the United
States to the extent that goods shipped
between their ports and. tine United
States are entitled to the same treat
as though they were shipped be-
tween New York and New Orleans.
Justice Brown delivered the courts
opinion in both and there were vtgor-
GUS dissenting opinions in both. In the
case. four Of the nine MEM
1,crs 5of the court united in an opinion,
r.
rs In Strong Language
opinion Of the majority in that
case. In this opposing opinion the
chief Justice and Justices Harlan,
brewer and Peckham united, and the
chief Justice and Justice Harlan pre-
their views. in written form.
justices Gray, shiras, White and Nc
also, while agreeing with the
Dnclusion announced by Justice
(town. announced. that they had
cached the conclusion by different
hes Of argument, and Justices Gray,
Ehjte and McKenna announced opin-
M outlining their respective posi-
IONS. Justices Shiras, White and Nc
Kenna also dissented in the De Lima
uniting In an opinion. Justice
arny also presented an Independent
ana dissenting opinion in that case.
The small court room was crowded
al ~repletion throughout the day, prom
lnent government ohicials and many
being present and thu pro-
were followed from start to
anish with keen interest.
Ofher Cases Decided.
ssThe other cases decided by the court
I.t.~ so ~-.A-- ..-G - N@