The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-05-28

territory may still remain foreign
country; that this state of things may
continue for years, a century even.
but that until congress enacts other
wise, it still remains a foreign coun-
try. We find no warrant for it in the
constitution or in the powers ron
ferred upon this court. 1t is ,r'le that
n%on-action of congress may occasion
temporary inconvenience, but it does
not follow that courts Of justice are
authorized to remedy this by invert-
ing ordinary meaning Of words.
I'VE are therefore of the opinion
that at the time these duties were
levied Porto Rico was not foreign
country within the meaning of the
tariff laws, but territory of the United
States, that duties were illegally ex-
acted and that the plaintiffs are en-
titled to ecove them back"
Downes VS.. Collector BidweII.
Justice Brown also delivered the
opinion of the court in the case of
Downes VS.. Collector Bidwell, of the
port of New York, in which suit was
brought by Downes to Gov back
duties upon certain oranges consigned
to plaintiff at New York and brought
thither from the port of San Juan in
the island of oPrto Rico during the
month of November, 1900. This case
involved the question whether mer-
chandise brought into the port of New
York from Porto Rico since the pas
sage Of the Foraker act is exempt
from duty, not ithstanding that act,
which requires the payment of "15 per
cent of the duties which are required
to be levied, collected or paid upon
like articles of merchandise import
ed from foreign countries"
The circuit court of the United
States for the southern district of
New York sustained the government
in the position in imposing a duty.
The supreme court affirmed the opin-
ion of the circuit court, saying: 1--WE
are of the opinion that the island of
Porto Rico is territory appurtenant
and belonging to the United States,
but not a part of the United States
within the revenue clause of the con
stitution, that the Foraker act is con
stitutional so far as it imposes duties
upon imports from such island and
that the plaintiff cannot back
duties exacted in this case"
The opinion Of the court went into
the cas very fully. Justice Brown
early in his opinion outlined the dis
lima case, which had just been de-
cided, saying:
I'm the case of Delima VS.. Bidwell
we hold that upon ratification of the
treaty of peace with Spain, Porto Ri
co ceased to be a foreign country and
that duties were no longer collectable
upon merchandise brought from that
island. We are now asked to hold
that 1T became a part of the United States
under that part of the constitution
which declares all duties, imposts and
excuses shall be uniform throughout
the United States If Porto Rico be
part of the United States, the Foraker
act imposing duties upon it's products
is unconstitutional, not only by reason
of the violation of the uniformity
clause, but because by section 9, YES
sells bound to or from one state can
not be obliged to enter, clear of pay
duties in another
"The case also involves broader
question, whether the revenue clauses
of the constitution apply of their own
force to our newly-acquired territory.
The constitution itself does not ans
wer the question. Its solution must
be found in the nature of the govern
ment created by that instrument in the
opinion of it's contemporaries, in the
practical construction put upon it by
congress and in the decisions of this
court"
Bryan Refuses to Commit Himself.