Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-05-30
THE lNSULAR CASES

Decision Rendered at Noon Monday by
United States supreme Court.
Washington, May q. ID ustice Brown
Of the United States Supreme Court
today announced the decision of that
court in The insular cases.
The announcement of the courts
opinion was begun at 1927 O'Clock.
The main opinion was handed down
in ths De Lima case.
Justice Brown first announced the
courts decision on the pnint of juris.
diction, holding that the court had
ufisdiction.
The De Lima case involved tho i'm
portation of goods into the Urited
States from Porto Rico after the rati-
tication Of the treaty of Paris and be
fore the passage of the Porto Rican
act.
DE Lima & Co., doing business in
| New York, imported from San Juan,
2. r., during the months OF June and
July, 1899, certain sugars, the product
If Porto Rico. Upon these sugars the
collector at New York demanded and
collected about $4,000 as custom
duties.
De Lima & Co. surd Bidwell. the col
lector, ~ All Individual, in the Supreme
Court of the State of New York, to
recover back the duties thus paid,
amounting in all to sl3, las. alleging
that they were unlawfully demanded in
violation of the Constitution and col.
lected by duross, the collector! exacting
the payment of duties as condition tc
delivery of tho sugars On the petit
ton OF the collector. the suit was re-
moved to the Circuit Court of the
| TInstoI u. h. A.,
of New York, which sustained de-
murrer to the complaint both on the
ground that no cause for action was
stated and that the court had no iuris-
diotion. From the judgment dismiss
ing the complaint De Lima q Co.
prosecute error IRON this court.
Justice Brown said that whether the
sugars imported iron or into Porto
Rico were dutiable depends upon
whether Porto Rico is foreign country.
lie helu that the right TO acquire
territory involves the right to govern
aud control it by Congress, but he said
that a country could not be both
foreign and domestic. The opinion
was opposed to the contention Of the
government. He concluded that at the
time the duties were collected Porto
Rico was q Territory ami not foreign
country.
Justice Brown concluded as follows /:
"lf an act Of Congress be necessary Il,
convert foreign country into domestic
territory, the question at once suggests
istelf what is the character of the
legislation demanded for this purpose.
Will an act appropriating money for
its purchase be sufficient? Apparently
not. Will an act appropriating the
duties collected upon imports to and
from such country for the benefit OF
its government be sufficient Ap.
parently not. Will acts making appro-
J priations for it's postal service, for the
establishment of lighthouses, for the
maintenance of quarantine stations,
for erecting public buildings have that
effeotG Will an act establishing O
complete local government, hut with
the reservation of n right to collect
duties upon commerce, be adequate fol
that purposeY Noue of these, nor al
together, will be sufficient, il the con
tention OF tho government be sound,
since acts embracing all these gro
, visions have been passed in connection
/ with Porto Rico, and it is invested
that it is still foreign country within
the meaning OF the tariff laws. We ar,
unable to aoquiesoe In this assumption
that Territory may be at the sam,
time both foreign and domestic.
I'VE are, therefore, OF the opinion
: that at the time these duties wer'
: levied Porto Rico was not foreigi
, country within the meaning of the tariff
:, laws, but Territory Of the unites
States; that the duties were Illegal,
exaoted, and that the plaintiffs are en-
t titled to recover them back. The judg
Q ment of the Circuit Court for tn,
. Southern district of New York ia there
: fore reversed, and the CAGE romanded t.
that court for further proceedings il
consonance with this opinion.
8 Justice Mcllenns delivered the dis
z senting opinion. lie was Joined in tina
8 opinion by Justices Shiras and White