Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1901-05-30
FOUR JUSTICES DISSENT.


FOUR JUSTICES DISSENT.
Chief Justice Fuller. Harlan, Brewer and
PeCkham.
The chief dissenting opinion in the
Downes case was announced by CHIEF
Justice Fuller. Justices Harlan, Brewer
and Peckham Joining in the dissent.
He said the majority, though widely
differing In their reasoning. seemed to
concur In the view that Porto Rico be-
longs to the United States. but never
theless Is not part of the United
States subject to the provisions OF the
constitution in respect to taxes. The
Foraker act under which the duties
We're levied created complete form
OF government for Porto Rico, with a
special provision that the taxes levied
in the United States on Porto Rican
exports should be held as a special
fund for Porto Rico's benefit. 1t was
admitted that on its face the part of
the act with reference to duties did not
comply with the rule of conformity
geographical uniformity-but the
opinion continued. 1t was said that
congress In attempting to levy these
duties was not exercising power de-
rived from the first clause Of section g.
or restricted by 1t. because in dealing
with the territories congress exercises
unlimited powers of government. and
moreover, that these duties are merely
local taxes
these particular duties are local in their
nature, and said the levy is clearly a
regulation of commerce and made in
the exercise of national powers. He
added:
I'm any point of view the imposition
of duties on commerce operates to reg
uiate commerce. and is not matter of
;ocSl legislation; and 1t follows that the
levy Of these duties was in the exercise
Ct the national power to do SO and sub
ject to the requirement of geographical
uniformity"
OF the contention that by interna-
tional law Porto Rico came to us SUBJ
ject to such legislation as congress
might enact. Chief Justice Fuller said:
The new master was. in this in
stance. the United States constitu-
tional government with limited powers.
and the terms which the constitution
itself imposed. or which might be Inn
posed in accordance with the consti-
tuition. We're the terms on which the
new master took possession"
Civil Rights.
With reference to the paragraph of
the treaty of peace declaring that the
civil rights and political status of the
native inhabitants Of the territories
hereby coded to the United States shall
be determined by congress" the chief
declaration of the accepted prin-
cip,es of International law applicable to
the status of the Spanish subjects and
of the native Inhabitants.
y treaty which undertook to take
away what the constitution secured or
TIC enlarge the federal jurisdiction
would be simply void. 1t certainly cam
not be admitted that the power of con-
ggess to lay and collect taxes and du-
tics can be curtailed by an arrange
ment made with foreign nation by
the president and two-thrds of a quo
rum of the senate. The constitution
did not yield to treaty or enactment.
Nor did its theory bend to circum-
stances.
Chief Justice Fuller absolutely re-
iccted the contentious that the rule of
to Rico because 1t had not been incor-
porated into and become an intergl'al
Part of the United States.
The concurr!ng opinion Of the ma
jority recognized that congress IN
dealing with the people of new terri
tories or possessions" Is bound to re-
spect the fundamental guarantees of
life, liberty and property, but assumes
that congress is not bound, In those
territories or possessions. to follow the
rules of taxation prescribed by the con-
stltution. And vet the power 10 TAX
involves the power to destroy, and the
levy of duties touches all our people
IN all places uhder the Jurlsdlelioli vi
the government
me l9gical result is tnat eonsr ,
may Proiilplt commerce ai.use.lier pe
may prescribe one rule of taxation In
one territory and q different rule In
ai.uli'e'. ~,
IN 4ul Ju''siile s. SO llluell ~. W .ll'
.i.u isAe..'l aee 40 au.ii'l '. . ,hs I'M
rGsitlen OF these dntles is lhValld ana
p'I Imst,na M.ri,,, th,sn an,,o,ncad bis
with the dissenting opin-
ION delivered by the chief Justice. He
the Foraker act as unconsti-
tutlonal in its revenue provisions, and
believed that Porto Rico after the rati-
location of the treaty. with Spain be-
came part of the United states. II
take leave to say that If the principles
now announced should ever receive
the sanction of a majority of this
court the result would he radical
and mischievous change in our system
of government. We Win. In that event
pass from an era of constitutional
liberty, protected by written
into an err of lepisative
I'm respect of MANY rights
that are dear to all peoples who love
freedom
Sin NV opinion. congress- has NO ex-
istence. and can exercise no authority
outside of the constitution sill loss
is ii true that congress- can denl
with new territories inst as other ma
tions have done or may do with their
nov territories This nation is undar
the control of a written cnnst,t,tinn
which ia tho s,,nro,,,e law ~ tba ,,,1
sud tre only sp,,rco as the no,,,ars s
wtich cur ro,.ernme,,+ or aT,, i,.a,,ai,
or officer Of n NAV avercisa ' ~ a ,nm
y - 1902 N-ASASA9S eaS tliS