The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1901-06-06
Washington correspondence:

III II - uttlditu SVhSs''N
tion follows the flag. but not to the exten
that tariff laws in the territories must bt
uniform with those in force in the United
States. Porto Rico and the Philippine:
became integral parts of the United
States upon the ratification of the treaty
of Paris, but Congress has power to gov
ern them according to their needs with
out reference TO the excise limitations ol
the constitution.
BY a series of decisions which develop
ed differences among the justices as re-
markable as they were confusing, the
Supreme Court decided:
l. The constitution does not follow the
nag ex propria vigOre-of its own force
.. The United States may enter upon
a colonial policy-has already entered up
on it-without violation of the constitu.
tion.
3. This nation has all the powers that
rightfully belong TO a sovereign interna'
tional state and may acquire territory
without Incorporating such territory as
an integral part of itself.
4. The simple act of acquisition by
treaty or otherwise does not automatically
bring about such Incorporation; and in
corporation is effected only by the will of
the States acting consciously through
Congress.
8. Porto Rico is not a part Of the
United States, but "a territory appurte-
nant and belonging to the United States
Tariffs established by Congress upon
goods coming from or going to Porto Rico
are valid and collectible. The Foraker
act is constitutional.
6. Congress has full power over the
territories, may regulate and dispose OF
them, may at its discretion extend the
constitution to them. may admit them as
States, or may hold them Indefinitely as
territories, colonies or dependencies.
Z. Porto Rico is not foreign coun-
try" and therefore the Dingley law.
which levies duties upon goods imported
from foreign countries" does not apply
to Porto Rico. Nor yet is porto Rico a
part of the United States" 1t is do
mestic territory, over which Congress has
unrestricted control"
Much confusion existed until the last
as to the purport and effect of the decis-
ions, owing to the indistinctness of deliv-
cry from the bench. Because Of the fact
that the decision in the DeLima case,
first announced. was antagonistic to the
contention Of the government, 1t was gen
orally reported that the court had over
thrown the government generally, and
that, in the common parlance OF the
cases, 1.-The constitution did follow the
flag"
The salient points Of the great decision
- IL hnxr
ever, found to be:
First-That the constitution did follow
the flag, that Porto Rico and the Philip
pine Islands became parts Of the United
States as soon as the treaty Of peace was
ratified. and that all duties collected on
merchandise passing between the main
land and the islands under the Dingley
law were illegal and must be refunded.
Second-That the Foraker act is con-
stitutional, and that Congress has the
right to legislate for the territories, with
out regard to the provision Of the consti-
tuition which requires all duties, imposts
and excuses to be uniform throughout the
United States.
Insular 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 to 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
tices Brown. Fuller, Harlan, Brewer aud
Peckham. To this decision Justices Gray.
White, Shiras and McKenna dissentei.
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 dissented.
The curious feature, of course, is that
Justice Brown, who acted first with one
quartet and then with another quartet,
delivered the majority opinion in each
To tho rrhny, ha A.,I:
cred the opinion sustaining the right OF
Congress TO legislate 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 agree with the reasons
which he assigned for his decision. Thus,
in the second branch of the case, the re-
spectacle was produced Of
justice reading a majority opinion whose
logic was repudiated by every other men,
Der of the bench.
Owing TO the tangled condition of af
fairs on the bench and the different opin.
ions handed down, great confusion arose
as to the effect of the actions of the
court, and the earlier reports sent out
from Washington We're almost wholly
In all these cases the ques-
tion 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-
tion of the islands TO foreign countries a
question at issue.
Effect of the Decision.
The decision disposes of a good many
ugly possibilities. 1t will not be neces-
sary to admit duty-free the sugar ami
tobacco of CUBA if it should be annexed.
1t will not be necessary either to close
the open door" in the Philippines by
imposing duties on the goods imported
from foreign countries while those from
the United States go in free, or to Inn