Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1901-05-27
SUPREME COURT !
Observation-Disclosures CaSeS
Handed Down.
Federation of Miners in Ses-
sion at Denver.
Yacht Club Races Set to Come OF
September q.
AMERICAN TROOPS LEAVE CHlNAA

Washington. May 27-The United
States supreme court to-day handed
down opinions covering all issues on
the new insular possessions which
have been in controversy. Although
several of the decisions upheld the
contestants on certain issues raised,
yet in the most important decision,
that of Downes vs.. Bidwell, Justice
Brown announced sweeping decision
Of the court upholding the general at
titude and policy of the government
up to the present time. The effect OF
Il is decision is to affirm the constitu-
tionality of the Foraker act and to
give congress power to deal with the
newly acquired territory In such man
ner as the Legislative branch may con
slider suitable for the new territory.
The decision also has the effect Of
declaring that the new insular posses
sions do not by virtue of treaty ces-
sion acquire the privileges and rights
of the constitution.
Washington. May 27.-The United
States supreme court to-day an
nounced its decision in the insular
cases. The announcement OF the
courts decision was begun at 1921
The main opinion was handed down In
the De Lima case. Justice Brown
announced the courts decision on the
point of jurisdiction. holding that the
court had jurisdiction.
The DE Lima case involved the i'm
portation of goods into the United
States from Porto Rico after the rati
fication OF the treaty of Paris and
before the passage of the Porto Ri
can act.
DE Lima 4 Co, doing business in
New York, imported from San Juan.
Porto Rico, during June and July,
1899, certain sugars. products OF Por-
TO Rico. Upon these sugars the col
lector at New York demanded and
collected about $4,000 as customs.
DE Lima 4 Co. sued Bidwell, the
collector, as an individual, in the su
preme court of the state OF New York
to recover the duties thus paid
amounting to $135,l45, alleging that
they were unlawfully demanded, In
violation of the constitution and col
lected by durcss. the collector exact
ing payment Of duties az condition
to delivery of sugars. On the petition
of the collector the suit was removed
to the circuit court for the southern
district of, New York, which sustained
on the ground that no cause for &C
ton was stated and that the court
had no jurisdiction. Fro mthe judg
ment dismissing the complaint DE
Lima a. Co. prosecuted error from this
court.
Justice Brown said that whether
sugars imported from or into Porte
Rice were duitable depends upoT
whether Porto Rico is a foreign coun
try. He held that the right to ac
quire territory involves the right t.
govern and control IL by congress, but
he said country could not be botl
foreign and domestic.
The opinion was opposed to the con
tention OF the government. lie con
Cluded that at the time the dutiei
were collected Porto Rico was not {
foreign country, but territory OF th'
United States.
In the cases of Goetz VS.. United
States and Crossman VS.. United
States brought here from the circui
court of ihe southern district OF New
York to test in the Goetzc case thu
validity of the levy duty on importa
tion of tobacco from Porto Rico int
the United States after the ratification
of the treaty and before the passag'
of the Porto Rican act, and In th'
Crossman case, the duty on liquors
imported into Hawaii after annexa
ton, but before the act providing ;
government for Hawaii took effect, thu
court reversed the judgments below
for reasons cited in the Del.ima case
holding the levy of duties unconsti
tutional
Justice Brown also announced tn
opinion of the court in the case o
Dooly VS.. the United States, inyolvin
the validity of the duty levied OF
goods imported into Porto Rico froI
the United States between the date O