New-York tribune., 1901-05-28
CONGRESS HAS CONTROL.
Continued from first page.

Continued from first page.
interest which was marked by a silence that
was inspiring
THE DE LIMA CASE DECIDED FIRST.
Justice Brown had read scarcely third or the
opinion before it became evident that the de-
cision against the government 1t was not
known for some time afterward that the sult
of De Lima did not involve the vital point at
issue-the right and power of Congress to apply
to the territories just so much of the revenue
and tariff laws of the nation Congress might
elect to apply. And so it happened that bulle-
tins were scattered broadcast over the country
and perhaps over the world, that the Supreme
Court had decided against the government. For
fully an hour this belief weighed heavily on
Kenna, who announced the dissenting opinion
Of himself. Justice White and Justice Shiras
consumed fully that much time in delivering the
opinion. Then the suspense partially re-
lieved by Justice White. pOnderous Of frame and
voice, speaking a few words of opinion in an
other similar in some respects to the De
Lima case. in which he took occasion TO aVow
in effect that the court would declare the
Foraker act constitutional. which meant that
the court going to sustain the govern
ment's colonial policy, but not until Justice
set he declared to be that OF the majority, did
the somewhat nonplussed crowd fully grasp
the significance of Justice Whites timely hint
In the second opinion read by Justice Brown 1t
was made manifest that the reversal of the
court below in the De Lima not de-
feat for the government. because the De Lima
claim was based on grounds materially different
from those on which the government had planted
it's standard. De Lima had paid tariff duties
prior to the passage of the Foraker act and
most of the other cases were a challenge of this
law. These latter cases were all decided in
favor Of the government. The Philippine case,
essentially like that of De Lima, has not been
reached yet. but it is believed it will be decided
tomorrow. the court having adjourned after a
continuous session of five hours to meet again
tomorrow.
MAY LOSE PHILIPPINE CASE.
That the Philippine case probably will be de-
cided against the government causes neither
surprise nor encouragement. that the is
sues involved so clearly understood. In its
majority decision to-day for the government the
court plainly pointed out that there is no CON
stitutonaI warrant for collecting customs dues
on merchandise from the newly acquired terri
tory until by act of Congress the tariff laws are
extended to the territory. In the case of Porto
Rico this has been done by the Foraker law.
and similar action will be taken with
gard to the Philippine cases. Under the pro-
visions OF the Spooner resolution. adopted in
the closing hours Of the late Congress- the Pres
ident IS empowered and directed to make all
needful rules and regulations affecting the
enues Of the Philippines The Taft Commission
already has addressed itself to that task and
soon as il is completed and the result IS com
municated Washington the President will
proclaim a tariff schedule for the Philippine ISL
ands. The rates may may not be the same
those prescribed for Porto Rico by the Foraker
act. The courts decision leaves it optional with
the taxing power TO meet the peculiar conditions
in each territory. That is to say, there need no
longer be any hagglng in Congress. in the
courts in political conventions over the now
obsolete contention for uniformity OF customs
regulations in the territories. Either the whole
or any part Of the present tariff rates can be
applied to the Philippines. as the President un-
der special grant of power by Congress, may
direct All duties paid on merchandise from the
Philippines to date and that may he paid before
the new tariff schedule Is arranged must be re-
funded by the government 10 the persons who
paid them. just as as the Supreme Court to-day
ordered that the customs duties paid by De Lima
and others prior to the enactment OF the Foraker
law be refunded to them. What this will all
amount to Is not now definitely known but II
is thought that the Treasury viii have 10 give
back only few hundred thousand dollars at
the outside.
DETERMINED BY JUSTICE WHITE.
That Justice White. an old line Southern
Democrat appointed to the bench from the SEN
ate by President Cleveland. was the determining
factor in the governments great victory to-day
is a potent and significant fact. Had Justice
White followed the lead Of his political asso-
ciates Chief Justice Fuller and Justice Peck
ham the government would have been defeated
and all the splendid work Of the last three years
in dealing with the new and complicated insular
problems would have been undone. Justice
Whites position is being severely animadverted
tonight by the Democratic politicians. par
him to sustain the Bryanite doctrine that the
constitution follows the flag proprio yigOre.''
simply because he Is Democrat Justice White
particularly eloquent and fOrceful in
pounding his views to-day. showing a depth OF
conviction and breadth Of learning that will
give him a high standing among the great
jurists Of the world.
In his dissenting opinion Justice Harlan
passionate and OratOrical 1t is declared by
people who heard his famous dissent in the in
come tax decision that he was even more ear
nest and vehement to-day than he was the
other occasion Justice Brewer, who also dis
sented from the majority opinion spoke not a
word during the entire proceedings to-day, nor
did Justice Shiras. who agreed with the ma
jority decision. Chief Justice Fuller's dissent is
regarded as a fine specimen Of composition, and
1t was delivered with calm demeanor that is
characteristic OF the learned head OF the court.
THE MINOR DECISIONS
The other cases decided by the court were
those of GOetze agt. the United States involving