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iSHIiNGTON, 1). C., SATURDAY', JUNE I, 1901.GOVERNMENT WINS IN INSULAR CASES.United States Supreme Court Decides Congress Hasthe Power to Raise Revenues—PortoRico Domestic Territory.Washington (special).—The government has won its contention on the more important issues involved in the insular cases. Owing to the number of cases decided and the number of opinions and dissenting opinions read, there was the greatest doubt in the minds of the hearers as to the full effect of the decisions; but a careful study of the words of the justices shows that so far as the important issues involved in the insular cases are concerned the administration wins a victory. The opinion of the court as delivered by Justice Browngives Congress authority to legislate for the Philippines, Porto Rico, Hawaii, Guam or any of our possessions that may be annexed hereafter as it deems best in the interest of the people of the territories and the interest of the United States. In other words, while territory annexed becomes domestic territory by the act of annexation. Congress has power to make provision different from the revenue laws as they govern the States. The decision of Justice Brown distinguished between the United States as regards its relations to foreign countries and the United States as regards that portion of it comprised of organized States; provided, however, that the inalienable rights of a foreign territory and such other rights as are necessary accompaniments to a civilized government arc granted under the laws. The court expressly stated, however, that those rights did not include the right of suffrage.1 The DeclsUns ^ aimed Up* vSolicitor General Richards, of the Department of Justice, who had charge of die insular cases before the Supreme Court, made the following statement containing his interpretation of the decisions of the court:The important question involved in these cases was whether the cession of territory contained in the Treaty of Paris made Porto Rico and the Philippines an integral part of the United Slates within the meaning of that provision of the Constitution requiring *‘all duties, imposts and excises to be uniform throughout the United States. The court held that the cession simply made Porto Rico and the Philippines domestic territory of the United States, subject to the full control of Congress,which'control could Ik? exercised without reference to those limitations. This limitation the court held was intended to apply to the States of the Union, and does not apply to acquired territory unless by treaty and by subsequent act of Congress it is incorporated within and becomes an integral part of the United States. The decisions are substantially a victory for the government. They sustain to the fullest extent the so-called insular policy of the administration.The court holds that the Constitution did not of its own force at once apply to those ceded territories, placing their people, their products and their ports on an immediate cauality with ours, andconferring upon them all the rights, privileges and immunities enjoyed by the people, products and ports of the several states. While their fundamental rights are preserved by those underlying principles of the Constitution which apply everywhere the status of their citizens, and the nature of the customs and commercial regulations are to be determined by Congress in the exercise of the powei vested by the Constitution in Congressto make all needful rules and regulation*respecting territory belonging to the United States.At the same time that the court ha? sustained to the fullest extent the contention of the government in these cases, it lias decided, as a matter ol statutory construction, that the Ding-ley Act could not be held to impose duties on goods brought from Porto Rico because by cession Porto Rico become domestic territory of the United States and, therefore, ceased to be' a foreign country.”Relief After Suspense.There was considerable dismay caused by the announcement of the ant decision of the insular cases, which was that Porto Rico, by the terms of the treaty of peace, became domestic, as distinguished from foreign territory. Justice Brown's opinion was lengthy in this case, and referred to the situation in Porto Rico during the period between the ratification of the treaty of race and the passage of the Foraker tariff Act. The dissenting opinion by-Justice McKenna, who represented Justices White and Shiras, was a Do long, v ter this opinion was delivered most of the lawyers in die courtroom and the public men present were convinced that the decision of the court would be against the government, or in other words, that the Constitution fallowed the flag. Solicitor General Richards, however, who conducted the cases for the government, and who, by the decision of the court, has won a great victory, was the first one *o discover that the government had won its contentions. He stated emphatically that the government had not lost, rle staled that the decision delivered by Justice Brown did not touch upon the powers of the President or Congress over the territories. A few minutes later, in announcing a decision in another one of the cases involving some other point, Justice White said that the court held that the Foraker Act, imposing duties upon goods imported from Porto Rico into the United States, was constitutional. That announcement was the first knowledge that a majority of the lawyers or any of the people in the courtroom had that the government lia.1 been sustained. When that announcement was made a sigh of relief was heard. Shortly thereafter J ustice Brown announced the decision in the Downes case, which involved the direct question of the constitutionality of the Foraker Act. This decision gives the President and Congress explicit , .thority to legislate for our new possessions.
Newspaper Details
The Suburban Citizen
Washington, Washington-DC, US
Sat, Jun 01, 1901
Page 1
Full Page
Clipped by
Kemuel D.
CT, USA 28 Jul 2021
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