Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1901-05-31
New York and New Orleans.
Dfssentinr Opfnfons.

Dissenting Opinions.
Justice Brown delivered the courts
opinion in both, and there were vigor-
GUS dissenting opinions in both.
In the Downes case four of the nine
members of the court united in an
opinion, characterizing in strong Ian
guage the opinion of the majority in
that case. In this opposing opinion the
chief justice and Justices Harlan,
chief justice and Justice Harlan pre-
scented their views in written form.
Justices Gray, Shiras and White, and
McKenna also, while agreeing with the
conclusion announced by Justice
Brown, announced that they had
reached the conclusion by different
lines of argument, and Justices Gray,
White and McKenna announced opin-
ions outlining their respective posi-
tons. Justices Shiras, White and Nc
Kenna also dissented in the De Lima
case, uniting in an opinion. Justice
Gray also presented an independent
and dissenting opinion in that case.
The Dooley Case.
Justice Brown also announced the
opinion of the court in the case of
Doo1ey VS.. the United States, in
volving the validity of duty levied
on goods imported into Porto Rico
from the United States between the
date of military occupation and the
taking effect of the Porto Rican tar
if act. The court held that there
could be no doubt of the validity of
the duties levied by virtue of Gen.
Miles order prior to the ratification
of the treaty of peace. 1t placed this
right on the ground of military ne
cessity.
With reference to duties levied
after ratification of the peace treaty
the court said different rule applied
and it held these duties invalid. JUS
tees Gray, Shiras, McKenna and
| White dissented, the latter delivering
the opinion.
The Goethe and CrOssman Cases.
In the case of Goethe vs.. the United
States and Crossman VS.. the United
States, brought here from the circuit
court for the Southern district of New
York to test in the Goethe case the
validity of the levy of duty on an i'm.
portation of tobacco into the United
States after the ratification of the
| treaty and before the passage of the
Porto Rican act and in the CrossmaI
case. G';, Ih.;ic1,, on liquors imported into
80 aif after annexation but before
the taking effect of the act providing
| a government for Hawaii, the cour'
reversed the judgments for the reasons
cited in the Delima case, holding tn,
levy of duties was unconstitutional.
| Justice Whites Opinion.
Justice White, in dissenting in thu
| Dooley case, made the announcement
that in the Downs case, which ques
tons the validity of duties levied or
oranges imported from Porto Rice
after the Foraker act, the majority
of the court would, as Mr.. White stat
ed it, reverse itself and hold the duty
valid. He said the opinion in thu
Downs case, which the court would an
nounce later, would thus lead to The
inconsistency of the court deciding
that after the Foraker act Porto Rice
ceased to be part of the United
| States and before the Foraker act il
was part of the United States.
Justice White said the court would
later in the Downs case hold that con
gress had the power under the Port
Rican tariff act to impose tariff dut
on goods coming from Porto Rico. H
expressed himself as unable to cor
ceive on what theory they thus Pre-
ceeded and expressed the opinion tina
it was due to confusion of thought ii
the Denma case.
The Armstrong Case.
After Justice White concluded hi
opinion Justice Brown announced tn
decision of the court in the case c
! Armstrong VS.. the United States, CO,
ering the shipment of goods to Port
Rico. This case, the court said, wa
: similar to the Dooley case. While d.
ties prior to the treaty were prope
', those subsequent to the treaty wer
; not. The judgment of the circui
court was reversed.
Justice White announced the dis
sent of Justices Gray, Shiras, NJ
Kenna and himself.
MIR. Bryan's Comment.
Lincoln, Neb., May 2s.-Mr. Bryan
only comment on the decision in tn
insular cases was that it seemed t
, uphold the contention of the reput
! licans in some respects and that {
+ the democrats in others. He said
would not commit himself furthe
E on the effect of the opinion until h
had read the full text. He hoped tn
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