Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1901-05-30
A DIVIDED OPINION
"
Supreme Court Decision in the Porto
Rico Cases Made Public
at Last.
Duties Collected on Porto Rico Goods
We're Illegal Must Be
Returned
Congress Has the Authority. Port
Rico Under Constitutional
Government.

Washington, D. c., May 29.-There
has been great confusion in the public
mind over the supreme courts decis-
sion in the Porto Rico cases. The
first dispatches sent out were based on
the decision in one of the tariff cases
which was against the government
and the conclusion was jumped at by
the press that all the decisions would
be the same, and the statement was
sent broad cast. Later this view had
to be modified by the decisions in the
other tariff cases. In four cases the
decision was against the government,
in one for the government which was
effected by Justice Brown casting the
deciding vote, he having voted for the
government in the previous cases. In
one case the court holds that Porto
Rico is a territory Of the United
States in another it is held that
Porto Rico is not part OF the United
States under the revenue clause OF the
constitution. In the decision the
court tells the president that congress
is the law making power. Between the
time when the treaty OF peace was
ratified and the time when congress
framed tariff for Porto Rico a tariff
was absolutely illegal, and every cent
SO collected must be returned.
Nine members comprise the full
bench and the court divided as follows
in the decision in yolving the legality
OF Porto Rican duties collected after
the passage of the Foraker bill:
For the government Brown, Gray,
ShiraS, White and McKenna.
Against the government-Fuller,
Harlan, Brewer and Peckham.
1t is claimed that the constitution
does not follow the flag by it's own
force: that the United States may
enter on colonial policy without
violating the constitution, and may ac-
quire the territory Of foreigners with
out such territory becoming a part OF
this country, and to make it such an
act of congress is necessary; also that
tariffs on goods coming from or going
to Porto Rico are valid when levied
by congress: that congress may regu-
late or dispose of these foreign terri
tories as it sees fit or may hold them
indefinitely as it desires. II this
statement is correct it is different
from that where we assumed togovern
and tax foreign country it becomes
a part of this nation as our territories.
1t is stated that a great deal OF feel
ing has been developed among the
justices themselves over the decision,
and that sharp legal battle in the
precincts OF their chamber has oc-
Cured.
The protests of the minority showed
that four judges were strongly opposed
to the opinion of the majority. Chief
Justice Fuller said impressively that
he could see no middle ground; he did
not believe that our constitution al
lowed us to acquire distant regions
and rule them in an unrestricted
manner. The power to tax meant the
power to destroy. Justice Harlan also
spoke his mind freely. He denounced
the Imperialism in the majority de-
csion vigorously. He said that the
constitution was made for all the peo-
pie of the republic, states as we'll as
territories, and that congress had no
power outside of the constitution. He
said that we did not have the right
to set up two governments, one for
the Americans under the constitution,
and another for subject people with
out the constitution. He declared
that such was the effect of the major
ity decision, and that it gave congress
the power of absolute despotism, in
defiance Of the constitution. He said
that the decision juggled with the
consti tuition and that without consti-
tutional guarantees the individual
rights of the people OF foreign coun-
tries under our control would never be
secure.
Washington, May 2S.-The United
States supreme court has handed
down opinions covering all Of the Is.
sues on all the new insular posses
sions which have been in controversy.
Although several Of the decisions up
held the contestants on certain is
sues, in the most important decision.
that Of Downs against Bidwell, Justice
Brown announced the sweeping de-
cision Of the court upholding the gen.
eral attitude and policy Of the govern