Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-05-28

IN mind that Porto Rico has passed
through three distinct periods that have
relatlon TO these cases In the first
place, prior to the Spanish-Amerlcan
War, zorro Rico was a province OF
sDain, ana as such was foreign terri
tory IN every sense Of the word. The
lsland remained foreign territory In a
iegal sense Notwithstanding our con-
quest and military occupation until the
ratlilcatlon OF the treaty Of peace, when
IL ceased to be foreign territory and
became possession or dependency OF
the United states, but not part OF
the united states. Being a dependency
OF thls country II was domestic terri
tory as contra dstnguished from for"
elBn territory II Is domestic territory
sun, nut 1t underwent further change
IN us legal relations to the country
when Congress enacted the law Of April
~ 100, providing civil government
ana the tariff duties for the support
or the same. Since April IL, 1900, II Is
territory belonging to the United States
with respect Of which Congress has en-
acted legislation fixing the status OF its
Inhabitants, providing government for
them and providing also for the neces-
sary revenues TO support the same. Be-
tween the ratification OF the treaty OF
peace and this legislation of April Il,
1900, 1t was territory of the United
states, with respect Of which Congress
had not exercised any power whatever
by legislation or otherwise,
What the court decided was that
While we were occupying Porto Rico
prior to the ratification Of the treaty
Of peace II was foreign territory and
our occupation and government was
military and all that was done was In
the nature OF military necessity and
valid on this account; that from and
after the ratification OF the treaty OF
peace II was no longer foreign territory,
but domestic territory within the mean
ing Of our tariff laws, according to
which tariff duties can be collected
only on lmpOrtantiOns from foreign
countries. and that consequently the
duties collected on imports from Porto
Rico after the ratification Of the treaty
Of peace and prior to April ~, 1900 when
Congress first legislated were Illegally
collected--lllegally collected however,
not because Congress was without con-
stitutonal power 10 impose such duties
on imp0rtatlons from Porto Rco--be-
cause during that period Congress had
not so legislated.
"The third proposition decided by the
court and the one Of supreme import
ance was that Porto Rico being a ter
rltory Of the United States Is not a
part Of the United States but only ter
rltory belonging to the United states
and that It Is therefore within the con-
stitutional power Of Congress to so
leglslate with respect to #, including the
imposition OF tariff duties as It may
see 1T and the Congress had so legislat-
ed on the 18th day OF April, 1900. the
provisions of that law are valid and
to be upheld and enforced In other
words. the effect Of the decision Is that
the constitution does not follow the
flag and that Congress has plenary pow
or under the contitution 20 govern our
lnsular acquisitions according to their
several necessities The Supreme Court
goes even farther and says that II there
were no constitutional provisions in
vestlng Congress with this power, It
would nevertheless cX-necessltate have
this power, since the states acting In
their statal capacity could not provide
the necessary legislation and political
sovereignty can be exercised only by
the political department OF the govern
ment
1.-THE decision is a complete vindlca-
ton Of the position held by the Repub.
llcan party with respect 10 the power
OF Congress TO legislata for Porto Rico
and the Philippines and settles II once
and for all that the United States Is
the equal In sovereign power Of any
other independent government
WHAT sECY. ROOT SAYS.
New York, May 2S.-Secy Root Is
quoted in Washington dispatch to
the Tribune as SAVING OF the Supreme
Courts decision in the insular cases