Middlebury register. (Middlebury, Vt.) 1886-1937, 1901-05-31

ALL PRIOR DUTIES ILLEGAL
The United states Supreme Court Re-
verses Decision In De Lima Case
and sustains Circuit Court In
Downes Case-Justice Brown
Delivers Opinion In Both
Cases-Dissenting opin-
ions Are Presented.
WASHINGTON, May 2S.-In the
United States supreme court yesterday
opinions were handed down i'll all but
two of the cases before that court in
volving the relation of the United States
to its nsular possessions. The two cases
in which no conclusion was announced
were those known as the II diamond
rings case and the second of the Dooley
cases The undecided Dooey case deals
with n phase of the Porto Rcan ques-
ton. and the diamond ring case involves
the right to the free importation of mer-
chandise from the Philippines to the
United States. The original intention of
the court had been to adjourn for the
term after yesterdays sitting but dis
cussion of the cases passed on took about
five hours. 50 the court adjourned until
today. when it is presumed the remain
ing cases will be passed on.
OF the several cases decided Yesterday
the two which attracted the greatest
share of attention from the court were
what is known as the De Lima case and
that known as the DuWnes case, and of
these two the opinion in the Downes case
is considered the most farreaching, as 1t
affects our future relations. whereas the
De Lima case dealt with Il transitional
phase of our insuar relations. The De
Lima case was the first to receive the at
tention of the court, and as it appeared
to be quite swccpingly opposed to the
governments contentious many persons
preciptatcly arrived at the conclusion
that the government had been woISted all
along the line. This view suffered a de-
cided change when the conclusion was an
nounced in the DowncS case. The court
was very evenly divided on both cases,
but political lines were not at all con-
trolling.
The De Lima case involved the power
of the government to collect n duty on
goods imported into the United States
from Porto Rico after the ratification of
the treaty of Paris and before the pas
sage of the Porto Rcan act. The court
said the governments contention in this
case was substantially q claim that Porto
Rico is foreign territory. The entire case
turned upon that contention. The court
held that the position was not we'll taken
that Porto Rico was not at the time for
eign territory and that therefore the duty
n
turned.
lie decision in the DOwnes case fol-
lowed the history of the dealings Of the
United States with Porto Rico a step
further. That case dealt with the le-
gality of the eXacton Of duties on goods
imported from Porto Rico into New York
after the passage of the Foraker act pro-
viding for duty upon goods shipped
from the United States into Porto Rico
and also on those shipped from Porto
the court held that such eXaction was
legal and constitutional.
The point Of the two opinions consid-
cred collectively i, that Porto Rico was
never after the acquisition Of that island
foreign. territory; that until congress act
ed upon the question no duty could be
collected, but that as soon a. congress
outlined method of controlling the is
land revenues that action became bind
ing-in other words. that congress has
power under the constitution to prescribe
the manner Of collecting the revenues OF
the country's insular possessions and has
the right to lay duty on goods imported
into our insular possession from the Unit
ed States or exported from them into
the United States 1t holds, in brief, thai
for taxation purposes they are not
part of the United States to the extern
that goods shipped between their port
and the United States are entitled to The
same treatment as though they Were
shipped between New York and New
Orleans.
Justice Brown delivered the court
opinion in both. and there were yigorou
discerning opinions in both. In tn
Downes case four If the nine members o
the court united i'm an opinion, charaC
terizing in strong language the opino
of the majority in that case. In thi
opposing opinion the chief justice an
Justices Harlan, Brewer and PeckhaI
united. and the chief justice and Justic
Harlan presented their views in writin!
Justices Gray. Shiras, White and NJ,
Kenna also, whilo agreeing with the COZ
clusiOn announced by Justice Brown, al
nounced that they had reached the col
clusion by different lines of argumen
and Justices Gray, White and McKenn
announced opinions outlining their T.
spective positions. Justices Shira
White and McKenna also dissented
the De Lima case, uniting in an opinio
Justice Gray also presented an indepen
ent and dissenting opinion in that case
The small courtroom was crowded
repletion throughout the day, prominel
government officials and many attorne.
being present and the proceedings we
followed from start to finish with ke'
interest. }
DECISION INTERPRETED.