Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1901-05-30
THE INSULAR CASES.
The United States Supreme Court
Hands Down Its Decision.
STATUS OF PORTO RICO DEFINED.
Court Holds That Congress Has the Power
to Prescribe the Manner Of Collecting
Revenues Of the C0untry's Insular
Possessions -Dissen ting Opinions.

to Prescribe the Manner of Collecting
Revenues Of the Country's Insular
Possessions Dissenting Opinions
Washington, May 2S. In the
United States supreme court yes
terday opinions were handed down
in all but two of the cases before that
court involving the relations of the
United States to its insular posses.
sions. The two cases in which nc
conclusion was announced were those
known as the fourteen diamond rings
case and the second of the Dooley
cases. The undecided Dooley case
deals with a phase of the Porto Rican
question and the diamond rings case
involves the right to the free impor-
tation Of merchandise from the Phil
ippines to the United States. OF the
several cases decided yesterday the
two which attracted the greatest
share of attention from the court
were what is known as the Delima
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 it affects our
future relations, whereas the Delima
case dealt with a transitional phase
of our insular relations. The Delima
case was the first to receive the at
tention Of the court, and as it ap-
peared to be quite sweepingly OPP
posed to the governments conten-
tons, many persons precipitatively
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 cases, but political lines were
not at all controlling. The Delima
case involved the power of the govern
ment to collect duty on goods i'm
ported into the United States from
Porto Rico after the ratification OF
the treaty Of Paris and before the
Of the Porto Rican act. The
court said the governments conten-
ton in this case was substantially
a claim that Porto Rico is foreign ter
ritory. 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 for
pign territory, and that, therefore, the
duty which had been collected must
be returned.
The decision in the Downes case
followed 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
hose 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-
,idered collectively is that Porto Rico
was never after the acquisition Of
hat island foreign territory; that
until congress acted upon the ques-
ion no duty could be collected, but
hat as soon as congress outlined a
method of controlling the islands rev.
,nues that action became binding; in
,ther words, that congress has power
lnder the constitution to prescribe
he manner of collecting the revenues
If the countrys insular possessions
md has the right to lay duty on
yoods imported into our insular pos
'cssfons from the United States or
from them into the United
states. 1t holds, in brief. that for
axation purposes they are not
,art of the United States to the ex-
ent that goods shipped between their
,orts and the United States are en-
tiled to the same treatment as
hough they were shipped between
Jew York and New Orleans.
Justice Brown delivered the courts
opinion in both and there were Wig
'rous dissenting opinions in both.
n the Downes case four of the nine
members of the court united in an
opinion, characterizing in strong Ian
'uage the opinion Of the majority in
hat case. In this opposing opinion
he chief justice and Justice Harlan
resented their views in written form.
Justices Gray, Shiras, White and Nc
ienna also, while agreeing with the
onclusion announced by Justice
brown, announced that they had
cached the conclusion by different
ines of argument, and Justices Gray,
White and McKenna announced opin-
ons outlining their respective posi-
Justices Gray, Shiras, White and Nc
Jenna also dissented in the De Lima
use, uniting in an opinion. Justice
Tray also presented an independent
nd dissenting opinion in that case.
Justice Brown also delivered the
pinion of the court in the case of
)ownes versus Collector Bidwell, of
he port of New York, in which suit
vas brought by Downes to recover
ack duties to the amount Of S659.35,
xacted and paid under protest upon
ertain oranges consigned to the
laintiff at New York and brought
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