Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-05-28
A NOTABLE DECISION.

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A NOTABLE DECISION. lf,
Walter Wellman, the Washington
correspondent Of the Chicago Record
Herald has secured in advance the de-
cision of a majority of the United
States supreme court on the question
raised by the acquisition of the islands
as to whether the constitution is to
follow the flag in such territories. The
decision is in favor of the govern
ment to the extent that the states OF
the Union are the seat OF political
power and territories or new posses
sions can be incorporated within the
national domain only through the will
of the states expressed by COMPRESSION
al action in statute or treaty. The
opinion is further expressed as to the
uniform taxation clause of the. consti-
tuition. That the trainers of the con-
stitution in writing that clause had
no thought of its application to terri
torial possessions. The clause, ..All
duties, imports and excuses shall be
uniform throughout the United
States" was placed SO the court
holds in the constitution as a result
of the jealousies of the states which
united in forming the nation. 1t was
intended to prevent any state or COM
bination of states from securing adj
vantage one over another and to pre-
vent the parts Of one state giving pref
erence over those of another in the
importation Of goods. This rule of
uniformity was made primarily for
the state united, the court holds, not
for territories then possessed or after
ward acquired, and the constitutional
requirement is satisfied as long as all.
duties on imports are uniformly i'm
posed at all the ports throughout the
United States. The advantage of this
uniformity may be extended to terri
tories and possessions not states
and not members of the American
union, but that is for congress to de-
termine, under the constitution.
There will be some surprise ex-
pressed when it is known that Chief
Justice Fuller, a democrat, has writ
ten the opinion of the majority of the,
court and Of course coneurs In the.
opinion. There is one phase of the
opinion that will meet the views of the
state rights democrats, in that which
recognizes the power of the states
above mere territorial possessions.
Territories are not to be regard
ed as seats of power and can
only become equal to states except as
they are admitted to the union
through the constitutional methods.
A strong point is made in the opin-
ion in abiding to the treaties by
which we acquired Louisiana and
Florida and which provided for tar
IFS not uniform throughout the Unit
ed States. The argument of counsel
that it has been the policy and ,prac-
tice of our government to extend" the
constitution to territories by act of
congress had great weight with the
court.
The effect Of this decision will be
that tariff rates will be adjusted for
Puerto Rico and the Philippines with
out regard to existing tariffs of the
government but will be made to spe-
cially meet conditions in the different
localities. In other words congress
will have full power to enact tariff
laws without regard to the limitations
that apply only to the states of the
Union, and congress will also have
full power to legislate in all matters
relating to the new possessions with
out regard to the constitutional re-
'strictions that protect citizens of the
states.
The above is the scope Of the de-
cision as it may be interpreted, from
the advanced report of it as given by
Mr.. Wellman, which is presumed to be
correct. -,
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