Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1901-05-28
FROM WASHINGTON.
roor,sspsndence Of the Alexandria Gazette
Washington, May %.


nIaced upop the Supreme Courts de-
cisious in the Insulsr cases the Hno-
lishers Press and Scripps and Mchse
Press Association this morning en-
oa0ed the services OF Gen. Charles ID.
Grosyenor, to give his legal opinion |
nnon the subject. Gen. Groevenor 10
one of the most keenly analytical law |
vers In Congress. We was present yes |
terday In the Supreme Court OF the
limited States during the delivery OF
the opinions and not q word escaped
him, His opinion, as prepared Tor the
clients of this association, follows:
"The slight confusion in connection
with the decision OF the Supreme Court
Yesterday 10 the insular cases mas
grown out OF the fact that the concur
ring Judges gave various reasons for
supporting the majority opinion OF the
court. The result of the entire series
of decision is as follows: The court holds
by a majority OF one that by the ratlh'
cation of the treaty OF Paris the insular
possessions became part OF the United
States for every purpose with the limi.
tatlon that Congress has complete ana
ample power to legislate Independently
of the tariff limitatione of the constitu-
ton in regard to those islands and the
same result necessarily follows ss to
the question OF citizenship and every
other question, the court putting these
islands upon the exact footing OF the
District OF Columbia. The court de-
oided. First, that during the period prior
10 the exchange of the ratification of the
treaty of Paris, the Dingley law was 10
force against importations coming from
the islands.
"Seoond that between the ratification
of the treaty and the passage OF the
| Porto Rioan bill, the Foraker bill 60
called, that island had the right to have
| free trade in American ports and there
fore ordered o judgment In favor OF the
importers for the duties they had paid
under protest. Third, that from and
after the passage of the Foraker bill the
fifteen per cent duty provided for 10
that bill was valid and collectable and
| by o sweeping decision they held the
Foraker bill to be constitutional In ell
its parts. Now, while the Court held
that in no commercial or political sense
even did the constitution follow the
fiax as popularity defined, yet they held
that the persuasive influence OF the
constitutional provisions in regard 10
liberty, Justice, equality Of rights and
all that, would necessarily follow any
exercise of political government In
these islands. The effect of this de-
oisjou will be to compel the refunding OF
the duties collected during the brief
period between the ratification of the
/ treaty and the passage OF the legislation
bv Congress on imports coming from or
going to Porto Rico, and the same re-
suit will necessarily follow as to the
duties paid on imports from the Philip
pines. 1t decides, however, that under
the Spooner bill passed 10 the last Con-
oress the President will be authorized
to make a tariff schedule both going to
and coming from the Philippines aud
that will be constitutional and valid
under this decision.'
The Interpretation o. yesterdays Su-
prams Court decision on the popular
gu sstions, "Does the constitution follow
the fag?" relegates 1t to the category Of
"closed Incidents" The constitution
In It's entirety does not follow the nag
according to the popular understanding
of the phrase. This Is fully demonssra'
ted BY Justice Browns opinion In the
lDownes case when he says: I'VE are
therefore OF opinion that the island oil
Porto Rico Is territory appurtenant
aud belonging to the United States, but
not q part OF the United States within
| the revenue clause of the constitution
The status OF the residents OF Porto Ri
co ia quite clearly defined by the de.
cisions. They are under the stars and
stripes, but not full-hedged citizens Of
the United States. as are residents oil
New York or California or Virginia
They are In much the came category as
|, residents OF New Mexico or Oklahoma
, territories to which the constitution has
not been fully extended by acts OF Con
gress. They are not even on par with
residents of the District OF Columbia, fol
by vote OF Congress the constitution was
long ago extended here.
In the De Lima case, the Goeze case,
the first Dooley case, and the Arm
strong case, involving the legality Of
the collection of Porto Rican duties be-
fore the taking effect of the Porto
Rican temporary tariff law, known az
"the Foraker law, aud the Crossmar
case involving the legality of the col
lection of the Hawaiian duties before
the taking effect OF the Hawaiian law
the court stood 5 to a against the gov
eminent, as follows: Agsinst-BrownI
Harlan, and Brewer, republican, and
Fuller and Peckham, democrats. For
Gray, Shiras and MoKenna, republican
and White democrat. in the Hung
case, involving q question OF pilotage
fees, the court was unanimous against
the government, holding that vessels
from Porto Rico, under the navigation
laws. are in the "coastwise" trade and
not In the "iorsi trade. 10 the
Downs case, Involving the legality Of
Porto Ricsn duties collected after the
taking effect of "the Foraker law, the
court stood 5 to In favor OF the gov.
erpment, as follows: For-Browp,
Grey, Shiras, and McKenna republi'
cans and White democrat. Against
Harlan and Brewer republicans; Fuller
and Peckhsm democrats.
The Fourteen diamond ring case, in.
yolying the validity of customs exacl
tions upon articles from the Philippines
and the second Dooley case involving
the separate phase of the Porto Ricsn
question were not decided. II will be
seen from an analysis of the position
taken by the different members Of the
J court that 1t was Justice Browns vote
that made q majority In favor of the
contention of the government In the
Downes case. He had voted against