Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-05-28


would not amount to duties on articles ex-
porteu from a state. The court also failed
to dispose of what is popularity known as
the fourteen diamond rings case involving
the entry free of duty of rings brought int O
the United States by returning soldier
from the Philippines. There We're no de-
clslons affecting the Philippines today and
presume both of these casese referred to
Will go over until the fall term of the
court"
THE DOWNES CASE,
Decision of the Court as Delivered by
Justice Brown.
Following Is the decision Of the court in
the Downes case, Justice Brown speaking
for the majority of the court:
This was an action begun In the circuit
court by Downes, under the firm name of
s. 3. Downes. against the collector of the
port OF New York to recover back duties to
the amount of $659.35 exacted and paid I'M
der protest upon certain oranges consigned
to the plaintiff at New York and brought
thlther from the port of San Juan Island
Of Porto Rico during the month of Noyem-
Der, 1900, after the passage Of the act
temporarily providing civil government
ana revenues for the Island of Porto Rico
known as the Foraker act.
This case involves the question whether
merchandise brought into the port OF New
YORK since the passage of the Foraker ct
IS exempt from duty, notwithstanding the
I'M thlra section Of that act, which requires
the payment of 10 per cent of the duties
which are required to be levied, collected
and paid upon like articles of merchandise
imported from foreign countries"
IN the case of De Lima VS.. Bidwell, Just
decided, we hold that upon the ratification
o. the treaty of peace with Spain Porto
RICO ceased to be a foreign country and
the duties We're no longer coTlectible upon
merchandise brought from that island.
W are now asked to hold that it became
part of the United States, within the prov
ince of the Constitution, which declares
that all duties, imposts and excuses shall be
uniform throughout the United States. Gar
ticle /, section 81
II Porto Rico be a part of the United
States the Foraker act imposing duties
upon It's products is unconstitutional not
only by reason of violation of the uniform
ity clause, but because by section YES
sells bound to or from one state" cannot "be
Obliged to enter, clear or pay duties in
another" The case also involves the broad
er question whether the revenue clauses of
the legislation extend of their own force
to our newly acquired territories. The
legislation itself does not answer the ques-
ton. Its solution must be found in the
nature OF the government created by that
instrument, in the opinion of its contem
porarles and In the practical construction
put upon 1t by Congress and the decisions
Of this court.
Creation of the Government
The federal government was created in
1117 by the union of thirteen colonies of
Great Britain in certain articles of con-
federation and perpetual union" the first
one OF which declared that style Of this
ccnfederacy shall be the United States Of
America" Each member of the confed-
eracy was Demonstrated a state
At this time several states made claims
to large tracts of land in the unsettled
west which they were at first indisposed
to relinquish. Disputes over these lands
became so acrld as nearly to defeat the
ccnfederacy before it was put in operation
Several states refused to ratify the arti-
cles because the convention had taken no
steps to settle the title to these lands upon
principles of equity and sound policy; but
all of them, through fear of being accused
OF disloyalty, finally yielded their claims.
The confederacy, owing to Well-knoWn
historical reasons. having proved failure,
a new Constitution was formed in 1887 by
the people OF the United States for the
United States of America as its pre-
anble declares.
The legislation was created by the people
Of the United States as a union of states
governed solely by representatives of the
states, and even the provision relied upon
mere, that all duties, imposts and excuses
snail be uniform throughout the United
States, as explained by subsequent provi-
sions OF the legislation that mo tax or
duty shall be laid on articles exported from
any state and no preference shall be given
by any regulation of commerce or revenue
to the ports Of one state over those of an
other; nor shall vessels bound to or from
one state be obliged to enter, clear or pay
duties in another"
Subject to Jurisdtction. of United
States.
In short, the legislation deals with states,
their people and their representatives.
The thirteenth amendment to the legisla-
ton prohibiting slavery and involuntary
servitude within the United States or any
place subject to their jurisdiction Is also
significant as showing that there may be
places within the jurisdiction Of the United
States. =
To say that the phraseolegy Of this
amendment was due to the fact that 1t
was intended to prohibit slavery In seeded
states, under possible Interpretation that
those states were no longer a part of the
United States, is to contest every point in
Issue, since 1t involves an admission that
If those states were not part of the
Union they were still subject to the juris~
diction Of the United States 10
upon the other hand, the fourteenth
amendment , upon the subject of citizenship
naturalized in the United States and SUBJ
ject to the jurisdiction thereof are citizens
of the United States and of the state
wherein they reside" mt
Here there is limitation to persons born
or naturalized in the United States which
is not extended to any place subject to
their jurisdiction"
Relations With New Territory.
Justice Brown then dwelt at length on
the subject of the legal relations between
states and newly acquired territories in
connection with the purchase of Louisiana
in 1903, and stated that the history of this
matter showed the views of Congress to
be:
1. That territory may be lawfully ac-
quired by treaty with a provision for it's
ultimate incorporation into the Union. and
second, that discrimination in favor Of
certain foreign vessels trading in the ports
OF the newly acquired territory is no vio-
lafion OF that clause of the legislation