The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1901-06-07

nounced were those known as the
Fourteen Diamond Rings case and the
second of the Dooley cases. Inc un-
decided Dooley case deals with a phase
of the Porto Rican question, and the
damon rings case involves the right 10
the free importation of merchandise
from the Philippines to the United
States. The original intention of the
court had been to adjourn for the term
after Yesterdays sitting, but discus
sion of the cases passed on yesterday
took about five hours, so the court ad-
journed until to-day when it is pre-
sumed the remaining cases VIII oe
passed on. On the several cases de-
cided yesterday the two which at
tracted the greatest share of
Attention From the Court
were what is known as the De Lima
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 fu-
ture relations. whereas the De Lima
case dealt with transitional phase OF
our insular relations. The De Lima
case was the first to receive the at
tention of the court, and it appeared
to be quite sweepingly opposed to the
governments contentious, many per-
sons precipitately arrived at the con-
clusion 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 polit-
zeal lines were not at all controlling.
The De Lima case involved the power
of the government to collect duty on
goods imported into the United States
from Porto Rico after the ratification
of the treaty of Paris and before the
passage of
The Porto Rican Act.
The court said the governments con-
tention in this c.sc wcs substantially
a claim that Poito, Rico is foreign ter
ritory The entire cSse turned upon
that contention. The court held that
the position was not we'll taken; that
Porto Rico was not at the time foreign
territory and that, therefore, the duty
which had been collected must be re-
turned.
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 eXact:on of duties on
goods imported from Porto Rico into
New York after the passage of the
Foraker act providing fo1 a duty upon
goods shipped from the United States.
In this case the court held that such
exa action was legal and constitutional.
The point OF the two opinions consid-
cred collectively is that Porto Rico was
never,
After tic Acquisition
of that island. foreign territory; that
until congress acted II. on tie question
no duty could be collected, but that
as soon as congress Outlined method
of controlling the islGns's revenues
that action became binding; in other
| words that congress has power under
| the constitution to PR scribe the man
| Eer of collecting the revenues of the
ccuntry's insular POSSESSIONS and has
the right 10 levy a duty on goods i'm
Iorted into our insular possessions
from the United States. or cN1orted
fro n? them into the United States. 1t
ho,Gs in brief, that for taxation pur-
poses they are not part Of the United
States to the extent that goods shipped
between their ports and tine United
States are entitled to the same treat
ment as though they We're shipped be-
tween New York and New Orleans.
Justice Brown delivered the courts
opinion in both and there were vigor-
Gus dissenting opinions in both. In the
Dowres. case. four Of the nine MEM
bers of the court united in an opinion,
combating
In Strong Language
the opinion of the majority in, that
case. In this opposing opinion the
chief justice and Justices Harlan
Brewer and Peckham united and the
chief justice and Justice Harlan pre-
scented their views in written form
Justices Gray, Shiras, White and Nc
Kenna also, while. agreeing with tbs
conclusion announced by Justice
Brown, announced that they ha6
reached the, conclusion by different
lines of argument. and Justices Gray
White and McKenna announced, ,opin.
ions outlining their respective Mposi
s lions Justices Shiras, WHITE and Nc.
4 KennaSalso ;dissented IN the De Lima
case, uniting in an opinion. Justic;
Gray also presented an Independent
and dissenting opinion: in that case !
The small court room was crowded
to repletion throughout the day, prom
inent government officials and man!
attorneys being present and the pro
ceedings were followed from start t,
Z finish with keen interest. i-l7t p
II 4 Other Cases Decided.
n The other cases decided by the cour
were those of Goethe VS.. the Unite,
States, involving duties on importa
n tienss fyom Porto RICO, and Croasma,
= vs.. the United States, duties on Hawa
u Ian Imports, being involyedy In sthes
two CAGES the De Lima, decision wa
!. followed and assessment Of dutie
prior to enactment of legislation 70
: the islands held Illegal The assess
ment. Of duties was partly sustaipe
-sEpnd partly upheld ~ the cases ID
i Dooley and Armstrong VI. the Unite
N gtafss. 4 The II duties were aheld leEs
when made during military occupatio
tof Porto Rico and prior to ratiicatio
OF the peace treaty but ilIgaI whe
Levied after the peace treaty but prio
q the parsags q the Foraker act. n u.