THE CXMAI-IA DAILY BEE:, TUESDAY, MAY 28, 1001. Fine Dimities 15 cents yard YiM'v h)fe rivals lu flio Irish goods. The.v are the best AiiH-'ricitii piinitk'f 1 1 to iiiiesl .you havo evt'i' swn at 1 1 1 pricu, and nre in oolor iiifis and styles by the sewv ITu: per yard. Anion; tlio newest in liner goods are tliese: Mercerized Fubllmo, 3ic. 11.00 Imported niorccrlied Grcnad'tio, 50:. jatd. 11.00 Impnrtrd Swlsif, nt 50c yari. Bcotch Madras. 2'c ynrd. Irloh Linen (llntfhnms, 32-Inch wide. yard. Imported Novelty Zephyrs at 2Jc, 30c, 3d( -I5e per yard. Plain colored Lawn, lOo yard, 1TB CI.OdK ATEHDAtS AT fl T. tt. ' AOXT, TOR fniTHH KID dl.OVEt AUD MeCALtt PATTBRRh Thompsom, Beldem St Co. T. M. C. A. BVlhUlXG, COIl. ISTII AlfD DOUGLAS STt. nlng of his decls'Ion that the court un doubtedly has .Jurisdiction In thin rnse. Ho said the case raised the single qucii tlou 'whether territory acquired by the United 'Stniort, by cession from a fortlgu power, jalaed- a "foreign country within tho nicanltiK of the tariff laws, and added: Tho question Involved In this enso Is not v. hethor the rfufcar were Importable nrtl i'Iih under tho tariff laws, but whether, coining n they did, from u port nllegcd to 1m domestic, thoy worn Imported frpm a foreign country In other word, whether I hoy wore Imported nt tilt ns that word If itetliit-d In Woodruff ngiilnst 1'iirhani. We think tho deilslpji In tho Fussett eoso I luiicIuvIvp to the effect that. If the ques tion bo vhother the sugars were Imported ur not, such question could be raised before tho board of general appraisers, tind that whether they wi'm Imporled merchandise fur thu rrcasons given In tho Knssett case, tlmt ii vessel Ik not nn Important mtlcle, or hrcniMj the merchandise was not In o j win from i forelKii i.'ounlry, In lmniii lerlnl. lu cither case llio nrilcle Ih not linportiil. i l.lllloitlll' l.llllllllt), 1 rjOlicodtng, then, thai section 3011 linn tH'f-u repealed and that no remedy' f.lstH under (he customs ndmlnlstrntlvo act. docs It follow that no nrtlon whatever will He? If thero be un ndndlted wrung, the cnurtM will look far to supply un adequate rcmedv if an nctlon lay nt common law. the repeal of t-ectlons Ml mid Sol 1. tcgulnllng proceed Iiiks In ciiHtoinM cascii (that Ik, tlirnliift upon tho classification or merchandise) to iiiiiko way for another proceeding before tlio lioard of gonornl appraiser In llio same class of oases, did not destroy any right of action that might hnvo existed as to other than customs ousts, and the fact Hint by section 25 no collectors shall be liable "for ot on account of iiny riillncrn or decisions as to tho classification of ouch merchandise or the duties charged thereon, or llio collection of any dues, chnrges or uiiIIch on or on nccnunt of any such mer chandise," or any otliur matter which tho nipurtur might have brought before the ,"1. Kfp'rnl appraisers. doeH not re strict the right which the owner of tho merchandise might havo against tlio col lector In cases not falling within the' cus toms administrative act. If the position of the government be correct, the plaintiff would bo remidyless. and If ,i col IWc or fhould sleie and hold for duties Bonds broticht from New Orleans or Any othe? eoiicededly domestic port, to Nw y r k After cltliiK numerous opinions and au thorities to show that the action of the plaintiffs In error was properly brought tho court holds that "whether these car goes of sugar were subject to duty depends wholly, upon (hp question whether l'orto IMco wus a foreign country nt the time tho, sugars wero shipped, since the tariff uct of July 24. 18S7, commonly known' as tho Dlngley act, declares that thero shall bo levied, collected aral paid upon all ar ticles Imported from foreign countries, cer tain duties therein specified, a foreign country was dstlned by Mr. Chief Justleo Marshall mid Mr, Justtcn Storey, to bo solely within the sovereignty of a forolgn nation, nnd without the koverclgnty of tho United States. Stntua of INirto Itlio. The status of I'orto Illco was' this: The Island had been for some months undo military occupation by tho United Stntt as u conquered country, when by tho set ond article, of tho trenty of peace between tho I nltcd States nnd Spain, signed De cember 10. 1S!H, and ratllled April 11. 1S90. hpulii ceiled tn the United Stntcs tho Island or rorto Wco, which tins ever slnco re mained In our possession, and has been governed and administered by us. If the ciioe depended solely upon thoso facts, and the question were broadly presented whether a country which hud been ceded to Us, tile cession accepted, possession deliv ered nnd the Island occupied nnd admin istered without Interference by Spain or any other power, was u foreign country or domestic territory, It wouldlscem that thero could bo os llttlo hesitation In ansrivurlng this question as thero would bo In determin ing Ihu ownership of a house deeded In fee" sltnple to a purchaser, wtio had accepted the-deed, gone Into possession, paid taxes and nmile Improvements without let or hln- lrnnri. from hlu i-nmlnr Unt I, lu .TV. . , .,.. i. ,a viltiivsi,y Itmlstod by tho government that It nuveo tKum imtii uuvn inn inirniion 01 congress to admit I'orto Hlco Into a customs union with tho .United States, and that while the Island may be to a certain extent dc mestlp. territory. It. s(ll renmlns a "foreign country1' under the tariff taws until eon grss ha embraced It within the general rovenuo situation, Af grcit length tlte court then dlscusseil the "simitar cases arising from previous acquisition's of territory by the United States;, reviewing very, futly former deci sions of the. court Involving questions, buch as aro presented, In this. case. The pos sessions in connection, with w'hlc,h the maU'r quesVloti Involved In this case has risen are: Louisiana, Florida, Tetas, CM fornlu and Alaska. Kach canq was takon up In order and analyzed minutely, Tho court then presented its conclusions In the. following' language: Court's Conclusion Adverse. As showing tho construction put Upon this question by tho legislative department, wo need to odd only that section 2 of the Koraker net mnkes a distinction between foreign countries and Porto Illco, by enact ing that llio samo duties shall bo paid upoj) Salt Rheum It may become chronic, It may cover the body with large. Inflamed, burning, Itching, scaling patches and cause Intense suffering. It has been known to do so. Do riot delay treatment. Thoroughly cleanse the system of the humors on which this ailment de pends and prevent their return. Th mtdlelpa tken br Mr. Id E. Ward. Cor I'olnt, Md wm Ilood't Sriprlll. fiht writet: " 1 bad dlicrbl itcbtnr on mysrrat which I concludd wit tilt rhium. 1 bn taktur Hood's Sanaparlll and In two daft felt bitter. It was not long befora I wa eared, and I bar narar bad any aklo dlia alnce." Hmmd'm SmrmapmHIia PrQmi:cs to cure and keeps trje promise. It Is positively unequaled for all cutaneous eruptions. Take It Dee, May 17, 1P0I. 1'1-ln colored l)lmitl-s, Ko ami :0c yaid I'laln mercorlied tlatlste, 3ie yard. Hill: striped Motusollnc, 50c yard. All colors plnln ehambray. Plalr. colored mercerized chambrayi, 2o yard. Egyptian TIs3iiop, 2Jk yaid. Ilatlato at luc yard. Solid blacks In cotton at 105, 15c, lie, UOe, :5c, 30c, 35c yaid. "nil arlleles Imported Into I'orto Illert from pints other than those of the United States which an; required by law to be collected upon articles Imported Into the United 1IIU llllll 11 lillll, i , i-iiuii ii, .111,1 III l," possession of the United States remains lor any purpose u forelKtl country. Hoth thefo conditions must exist to produce n chuuge oi uaiionaiiiy mr revenue purposes, ros sesrlnti Is not alone HUlllcletit. its was held In Finning ngnln&t I'age. nor Is it treaty coding such territory sufficient without n sin render of possession. The prnctlct! of the executlxo departments, thus continued for more than half n cent.iry, Is entitled to great weight and should not be disre garded nor overturned except for cogent reasons and unless It be clear that filch construction be erroneous. Hue wero this presented as nn original question w should bo Impelled Irrcslstubly to tho same conclusion. Hy article xl. section 2 of tho constitu tion, the president Is given power "by nnd wl'th the iidvlci? and consent of the senate, to make treaties, provided that two-thirds of tho senators present, concur," niid by article I, "this couxtltlitlnu and the laws of the United Stuteii which shall be made In pursuance thereof, and all treaties made or which shall be made, unrtftr the author ity of tho United States, shall bo the u prcme law of the land." I'nch l n I'lmor, It will be observed that no distinction l.i made os to tho .question of supremacy between laws und treaties, except that both are controlled by the constitution. A law requires tho Hssent of both houses ut congress and, except lu cerlnln specllled cuses, tho signature, of tho president. A trenty Is ncgotluted and made by the pres ident, with the concuricnce nf two-thirds of tho senators present, but each of them Is the supreme l.iw of the land. Ono or the ordinary Incidents or n treaty Is the cession or territory. It Is not too intirli to say It Is tho rule, rather than the exception, that a treaty or peace, fol lowing, upon a war, provides for n cession or territory to the victorious party. The territory thus acquired Is ncqufred as nb solutely as ir the annexation wero made, iw In tho caso of Texas and Hawaii, by an act or congiess. It fallows from this that by ratification pf the treaty of I'nrls tho Island heenme territory of the United Stntes-although not an organized territory lu the technical sense or the word. .. U..ls ,r." c,ll(,f Justice. Taney held lu hcott against Sancirord that the territorial clause or the constitution was confined and Intended to bo confined to the terrltdrv which nt that t mo beiongcdtto or. was claimed b" iho United HtKSi Yind was within their boundaries, and wns"settled !..,l?.,.0'"1"1.,",'XI,n,y ,0 lerritory subae fluently acquired. He seemed to illffe" In i,,'Hi.C0n?tru9t,nn fr.om Chlf Justice Mar "1,i",lu. in speaking of Florida before tnk s?fflsr ,he ,err,,or,ni Acuulsllloii Inv.il,c JnrUiIlctloii. MSLW lrchXd0 tilJS , ... Lui.u legisiuiion liaBed control th . , ' .","A''ut " lo Bvern and whiei vi.; 'i is nn nutnor ty rl in, LHnn.Z: "ccearlly from tho ter. li e iec L ' i Kunsmunon, nut rrom "till vCnrS S? ",0.-cc.' "!' fr.m the Joel iTiwi.,V ,i,T , B "Ul " ,0" lno s'l- ,! , ' i " reniy; may ad minister Its government as It does that n !h," 9 f. Columbia;. It mav o I , if '..M , IV. "T "J Kovcrnmentj It may admit i,n," " uiiuii nu equality with nthoi .1 vldu .I'ViTJl5' scJI llB Public lnn l I to n (iiMilunl citizens, or may dnnsto fiiem iV, homesteads to actual I settler", in s"ort ,h? f,M' rcaty .."b.'ongi disposition of congress ' lerritory thus acquired lls.Vnltl, m'; XUDjOCt to till elen VA7.ni.. .7. ".-,y".u c" remain a ror upon one oV two Me., el,: 1 J I th c'r 'Vha t tl' enacted ,,,.T.-i.i, 11,0 HUtO wns change 'lnn 'l SL1.? "? "." subsequent main rorelgn "under t e tariff laws,, itiY'eon gross has properly formed them within th, customs union or the states 'r iiVlf .i.'i UK Lv'0"?'rA'n'e Avh?lJ"irts,ta scorioV-alr.l e,...- : ,'.U"V. ' IU'.wltli n Its "fa I X a're ,,sutbUs ,q,;e',',,,lyC,nl, KX'SRW to 8UC" " therea,rte?,re'1l,,c!! AVliru II LVhs- 111 II f.-JiXnlf, . a?H?E Vl0.n tho. constitution of tho United ii 1 ;?,.Vn.,.rii,n ',r,.u',ft action 10. that declaration, operates not S S VhS Eu,, rl,ml Mtatcs. but upon all who .-H,Hkn.lulJ ifcuuiuu Hucti, niid when rrm sssrj'S,"? fefi,.i-?L SoTS'elJri.-.rVr"8," ?r.tr?t0 moment i ' . """'""-u us a state, uy rJ?,y ' reasoning a country censes to be torelgn the Instant it becoihes domestln ii.' i,0.:.i ,r "KfMs sco lit to codo ono of uiiuiroii lerriiories (oven im. .?rrn Power, there could be no doubt Vl10 ay ,ot 8"ch cmIom nnd tho iin,"nT.,rt n ,.,1 I Muc" territory would HScl?.m? n f0.ruKp, country, and be relnstatud . pucii uuurr uo iianrt uvws. Uertnlnly no iu't of congr(jB wodld bo necessary In such htdtCH had ceased to apply to It. Tho theory that' a,,, country icinalns for eln with ruspect.tfv the tariff laws until congress has, acted by enil.raclW It w hi thii custonis union, presupposes that u nlMllllPt' Mlflt' ! .lAmn.ll. ... . , ........ j w v.,,. ,., m i,,r uno purpose ...... .u,w,, .... ....utitwit' ii mnjr UUUOUUI- cdly become necessary for the adequate ,.,iiii.,n,iiiii,ii ui , uiuiii;aiii; icTniory to pass a speclul act providing the proper ma- ...i. .10 j niei uiui-v.-ir, lis inu ll CKIlieill W Otlltl hftvo 110 authority, except under the wnr power, to. ndmlnlstrr it hlmseiri but nu act is necessary to mako. It domostlc terri tory ir once It has been ceded to the United States. Appropriation Jiut mi lur, II.. . . ... I I . . ...K., wut-cin iiiw,iiiuii iu t. lujiiiur con gress Is baulul to appropriate tho money to pay for It. This has been much ills- I1III1UAH 1.1 T..plt...h ..n... nnBlll..llii..n1 1.... " J I111117IE1 lll'UII VUIIEI II 1. 11 iiuiiai JIIW, V. i . t i, I- . . . i i ... ... "i ii in inn iiui.Trry ,io cunaiucr ill una case, as congress made prompt approprla- mi. ul, ,HW iiivjiiiij PlIMUIWIiril III 111" IIVIIIJ. This theory aluo presupposes that terri tory may bo held Indefinitely by the United Ht.lte. thnf 1 nn. 1.. I ........ particular, except for tariff purposes, as domestlo territory; that laws may be en- i!i"' V?' ,oro ror that P"rPoe; that -i. ... 1 u uiinmiu,. wars car ried on, revenues collected, taxes Imposed, In fihnrf flint a,...,,i.i.. . .."' ' V. , ..,. iv. llllllb ina- uu uouo Vtilcli a government can do within Its own ImtiYiil a rlp nt ... . . . . . : .... m icrriinry may still rcmHln t. foreign country; that this stutc nf Unnn. inayt contlnuo for years, lor a .century even, but that until congress Anuxli 'iill.npntlL.t II ...III . , " . .......... .,,,,......, ,!,, rriniiiiis n foreign .country. IV held thul this cun be done as mattT of law, we deem to be pure Judl lal logltkttloti. W'c find no warrant ror It m the coii'tlttillon or in tho powers conrerred upon tins coirt It is true tne non-nction of conaress mnv occnolnn n temnorarv In- convenlenc, but It does not fallow 'hat courts of Justice nro authorized to remedy it uy inverting tne ordinary meaning 01 words. Wiint i uiilil l.oiiKrcss Do. tr mi act ot conercss be necessatv to convert u foielgti country Into domestic territory the question at once suggests Itself, what Is the character or the legisla tion demanded for this miruose Will an net nppropilatlng money for this purpose be sufficient v Apparently not. Will an uct appropriating the duties collecting upon imports to aim rrom earn country ror tne benefit of Us government lie sufficient"1 Apparently not. Will nets making appro priations for Its postal service, for the es tablishment of lighthouses, for the main tenance of quarantine stations, far erect ing pjbllc buildings have that effect'' Will an Hot establishing a complete local gov ernment, but with the leservntlou of n right tn collect duties iiiion comnierre. b ndequato for that purpose? None of these, ii,7i iiiiugciuer, win ne suiiicieni. ir me contention or the government bo sound, since nets embracing all these propositions havo been passed in connection with I'orto iticu. nun it is insisted that It Is .Mill a rorelgll coUltlrc within the tnnniiliii- nf tl tariff laws. We nro unable to acqulescu hi this assumption that a teriltory may bo ut me -mine nine iioiu lorelgli and domostlc. Itlglit In ( nlleel. A sllllltn further tinlnl t-fi HI tl I lt 1,1 liA nn. fldered. It Is Inilsled thsl nn act of con cress, passed .Mnrcli 21. Umi slat. 131), nppl.vlng far tlie bejirllt or I'orto Hlco the amount of customs revenue rooiilvfd on Im Portntlpns by the United States from Porto jiicii since i up evacuation by the Spanish forces October IS. IMs. in .limimri' i imm together with any further customs revenues collected on Importations from Porto Illco nun;.- uiiiiiiiuj j . iifi.'. or wint snail here aner lie collected under existing law, Is n recognition by congresit of the right to collect such duties ns upon Iniportntlons froni u foreign country and n recognition pf the fact that Purtii Illco continued to oo a toreiKii country Until congress em braced It within customs union, It mnv ba seriously questioned whether this Is nnv. thing morn than a recognition of tho Met that there wero liinnevs hi Hie tt-rlinrv ,n subject to existing appropriation law. Per haps wo mu y go further mid say that so far as these duties were paid volunturlly ami without protest, the legality of the 'j inuiii M iiuciiueu to oo recognized, but It can clearly have no retroactive effect us to moneys theretofoie paid under protest far Which nil notion In rivni'er li.-ietr already been brought. Ileuee the Hot crsnl. As, however, tho action lu this rase wns brought .March 13. 1W0, cloven days beforn Iho act was passed, the right to recover the money sued could pot bo taken away by u subsequent act of congress. Plain tiffs sue lu assumpsit far money which the collector has in Ills hands Justly and equit ably belonging to Ihent. 'In say that con gress coula by u subsequent act deprive them of tho tight to prosecute this action would bo beyond Its power. In nnv event It should not bo Interpreted so as t'o make tt retroactive. Wo urn thorefare or tho opinion that ot tho time Iheso duties wore levied Porto Illco wns not a rorelgn country within the meaning or the tariff laws, but a territory or the United States; that tho duties were Illegally exacted and that the plaintiffs are entitled to recover them back. The Judgment of the circuit court far the southern district of Now York Is ihere foro reversed nnd the caso remanded to that cniirt for further pioceedlngs In con sonance with this opinion. In llio Dunnes' Cn-ic, Justico llrown also delivered the opinion of the court tn the case of Downes against Dldwell, In winch suit wos brought by Downes to iccover back duties to the amount of JG5U.35. exacted and paid under protest upon certain oranges consigned to tho plaintiff at New York and brought thither from tho port of San Juan, in tho island of Pnrio Hlco, during the month of November, l'JOO. This caso involved the question whether merchandise brought Into the port of New York from Porto Illco, since the passage of tho Forakcr act is exempt from duty, notwithstanding the third section of that act, which requires the payment of "15 per cent of the duties which are required to be levied, collected and paid upon like urtlclea of merchandise Imported from for eign countries." Tho circuit court of the United States for tho southern district of Now York sus tained tlio government tn this position lu Imposing a duty. Sustains Circuit Court. Tho supremo court confirmed tho opinion of the circuit court, saying, "Wo are of opinion that tho island of Porto Rico is n territory appurtenant and belonging to tho United Stales, but not a part of tho United Slates, within tho rovonue clause of the constitution; that the Foraker uct la con stitutional, so far as It Imposes duties upon Imparts from such Islands aud that the plaintiff cannot recover back the duties exneted In tho case." The opinion of the court went Into the case very fitly. Justice Drown early In his opinion outlined the distinction between this caso nnd the Dellma case, which had Just been decided, saying: In the ease nf Dcllmn against IMdwell we hold that upon the ratification or tho treaty or peace with Spain I'orto Hlco ceused to be a foreign country and that duties wero no longer collectable upon mer chandise brought rrom that Island. Wo are now asked to hold that It becftmo a part or tho United States within that provision or tho constitution which declares that "all duties, imposts and excites hhall be uni form throughout tho United States." It Porto Hlco bo a part or tho United States the Forakcr act imposing duties upon its products is unconstitutional, not only by reason or n violation or the unlfarmity clause, but because, by section 0, "vessels bound to or trom ono state cannot bo obliged to enter, pay duty, etc., iu another." In tho broader question which tho revenuo clausus or the constitution extend or their own farce to our newly-acquired territories the constitution Itsclt does not answer tho question. Its solution must be found in tho goernment, In the opinion or its con temporaries, in the plctorlnl construction put on It by congress and by tlio decisions of this court. UenU ytIIIi Suites. Justice Drown then entered upon a review of the formutlon of tho government nnd the constitutional provision requiring that duties. Imposts and excises shall be uniform throughout the United Slates, saying that "It Is explained by subsequent provisions of tho constitution that 'no tax or duty iihajl bo laid on articles exported from any state' and 'no preference shall be given by any regulation or commerce or revenuo in tho people of one state over thoso or an other, nor shall vessels bouud to or from ono stato bo obliged to enter, clear or pay duties In another.' " In short, he concluded on that point, tho constitution dealB with states, their people and their representatives. Tho acquisition of territory nnd tho formation of territories wns discussed nnd mnny authorities quoted. As a result of those citations the Justico laid down the following general conclusions: Eliminating from tho opinions of this court till expressions unnecessary to the disposition of the particular case and gleaning therefrom tlic exact point decided In each, the following proposition may be considered ns established: When Tt-i-rltorlra Are Stntr. 1 That the District of Columbia and the territories are not states within the Judicial clause of the constitution giving Jurisdic tion lu cases between citizens of different stntes, 2. That territories arc not stntes within tlio meaning ot tho revised statutes, sec tlun "00 permuting writs or error from this court In cases where tho validity of a state's statute Is drawn In question. 3. That the District of Columbia and the territories uro states, as that word is uod In treaties with foreign powers, with re spect to the ownership, dispoEltlon and In herltnnco of property, 4. That the territories are not states within tho clause of tho constitution pro vtdlnij for tho creation of n supreme court and such Inferior courta as congress may seo IH to establish. 6. That tho constitution does not npply to foreign courts or to trlnls therein con ducted and that congress may lawfully provide for such trials before consular tribunals, without tho intervention of n grand or petit Jur; 6. That where tlte constitution haB been once formally extended by congress to territories, neither congress nor the terri torial legislature can enact laws Inconsist ent therewith. In his opinion Justice Drawn referred at length to the decision of Justice Taney In tho Drcd Scott case, gMiig .ctpecla). con sideration to the sentiment expressed by him that thero Is ho power given by th constitution to the federal government to estnbllsh or maintain colonies bordering nn Hie t'nlfed States or at a distance, to be ruled and governed at Its own pleasure, nnd If a new state Is admitted it ueeds no further legislation hy congress, because the constitution Itself defines . the relathe rights and powers and duties of the state 1 and the citizens of the state and the fed eral Kovernmciiti Uut no power Is given to acquire n territory to be held and gov erned permanently In that character. Justice llrown expressed the opinion that It was unfortunate, In view of the excited condition of the country nt the time the Scott opinion was. rendered, Just before the beginning of the civil war. that the chief Justice had felt Impelled to discuss the question upon Its merits. "It Is," ho said. "sufUclent to say that t lie country did. not acquiesce In the opin ion nnd the civil war, which shortly there-' after followed, produced such changes In Judicial, ns we'll as public, sentiment as to seriously impair the authority of this case " He added: "Tho power to prohibit slavery In the territories is so different from the power to ImpofO duties ujion ter ritorial products and depends upon such different provision "of the .constitution that they can .scarcely be considered as analogous unless we .assumed broadly that ovcry clause of the constitution attached to tho territories .as well as to tho states a claim quite Inconsistent with the position of the court In the Canter case. The dif ficulty with the Dred Scott ease wns thai the court refused to make a distinction between property In.genernt and a wholly exceptional class of property." Some I'rPiTilenls. Taking up the case in hand the Justico continued his opinion, saying: Tho practical Interpretation put by con gress upon tho constitution has been long continued and uniform to tho effect that tho constitution Is applicable to territories acquired by purchaso or conquest only when and so far as congress shall direct. Not withstanding Its duty to "guarantee to ovcry state In this union n republican farm or government ' congress did not licsltale In the original organization nf the terri tories of Louisiana, Florida, the Northwest territory nnd Us subdivision of Ohio. In diana, Michigan, Illinois and Wisconsin, and still more recently In the case ot Alaska, to establish n form of government bearing u much greater nnnlogy to a British crown colony than a republican state of America, nnd to Vest the legislative power either In u governor and council or a gov ernor nnd JudgfS to be appointed by tlio president. We art? also nf opinion that power to ac quire territory by treaties Implies not only the power to govern such territory, but to prencrtbe ' upon what terms tlio United Stntes will receive Its tnliabltants and what their status shall bo In what. Chief Justice Marshall termed the "American empire." Thero seems to lie no middle ground be tween this position nnd the doctrine that If Iho inhabitants do not become, Imme diately upon nniiexntlon. citizens of the United Stutci their children thereafter born, whether savages or clvlll;.ed, are such nnd entitled to nil the rights, privileges and Immunities of citizens If such be their status the consequences will be ex tremely serious. Indeed It Is doubtful If congress would ever assent to the acquisi tion of territory upon the condition that Its Inhabitants, however foreign they may bo tn our linblts. trodltlons and modes of lire, shall become nt once citizens ot the United States: ht all Its treaties hitherto the treaty making power has made special provision far Dili subject. Orave apprehensions of danger are felt by many eminent men, n fear lest an un restrained possession or power on the part or congress mayleod to unjust n,nd op pressive leglijntlnn.'.ln which tho natural rights or territories, or their Inhabitants, may bo engulfed In a centralized despotism. These fears, however, find no Justification In tlio Bctlon of 'congress In the past cen tury, nor In tho conduct or the llrltUli Parliament toward Its- outlying possessions since the American revolution. Islanders Are Safe Anylmir. Further alo:ig Justice nrown remarked: Whatever may bo finally decided byithe American people as to the status of these Islands and thfllr l;ihnbltantfl whether thoy shall be Introduced Into the sisterhood or stntes or bo permitted to farm Independent governments It does not tollow that, In tho meantime, awaiting that decision, the people are in the matter ot personal rights unprotected by the provisions ot our con stitution and subject to tho merely arbi trary control .of congress. Kven If re garded as aliens, they are entitled under the principles of the constitution to be protected In life, liberty nnd property Largo powers must necessarily be en trusted to congress In dcnllng with thcfe problems nnd wo nro bound to assume that they will bo Judiciously oxerclsed. That these powers may bo abused Is possi ble. But the same may be snld of its powers under tho constitution ns well ns outside of It. Human wisdom has never devised a farm or government so perrect that It may not bo perverted to bnd pur poses. It Is never conclusive to argue against the possession or certain powers rrom posslblo nbufes or them. It Is sure to say that It congress should venture upon legislation mnnltestly dictated by selllsh Interests it would receive quick rebuke nt the hands or the people, Indeed, it is scarcely possible that congress could do n greater Injustice to those islands than would bo Involved In holding that It could not Impose on the states taxes and Im posts without taxing the samo Imposts to them. Tho tame requirements would bring mem at onco wumn our internal rovonue system. Including stamps, licenses, excises nnd alt the paraphernalia or that system nnd applying It to territories which havo had no experience or this kind nnd whero It would prove ftn intolerable burden, Forefathers Didn't Anticipate. Commenting upon tho virtual absence of provision In tho constitution for tho ac quisition of territory, Justice Drown says It can only be accounted for on tho ground that tho framors of that Instrument did not foresee the country's future possibilities In that respect. He said: If It bo oncel conceded thai wa nre at liberty to acquire foreign territory, a pre sumption arises that our power with re- KNEW THE WAY OUT. .Mnilc n Study nf Ills Fund, It Is not always that tho user of fond understands nbout that food, but a gentle man in Cincinnati -writing about Orapo- Nuts expresses himself perfectly. Ho says "A business man devoting himself to hard mental labor, requires different food than a man doing muscular work. I became aware of a dull, honvy feeling In my head day by day which did an untold damage to my work. Verdict, InteBtlnal Indigestion; punishment, a severe diet list, leaving out starchy foods, sugar and fat. Up to this time, with tho most precise care in cooking, the ordinary breakfast food came to tho table a pasty, starchy mass. Added to that was sugar and moro or less whlto bread, which gave an excess of starchy food that could not bo digested. This Indigested mass passed Into tho Intes tines, creating gas and nil of the distress ing symptoms both of body and brain. I was put on Grape-Nuts Food for the reason that It Is made of selected parts of wheat and barley, thoroughly cooked nt the factory, giving to the body tho starchy part of the food twhlch Is necessary), pro digested, that Is, turned Into dextrose or grape sugar. This furnished the sweet needed, without the use of cane sugar and gave me tbo starchy principle ot food al ready passed Into the second condition, ex actly tn the same manner as a healthy body digests It. After eating drape-Nuts for a short time, l found a most remarkablo Improvement in my health, and I also discovered the rea son why the claim made on the package Is true, that one pound of Grape-Nuts, which Is perfectly absorbed by tha body, will afford moro nutrition than ten pounds of meat, wheat or bread, Imperfectly digested, I can ateuni anyone that n week or ten days' conscientious uso of Grape-Nuts will prove far more convincing testimony thnn any written words. I subscribe myself n grateful consumer: Please do not publish my name." Anyone who will write to the I'ostum Cereal .Co., Ltd., Battle Creek, Mich., and enclose stamp, can bo supplied with the name and address. spct t.j uch tcrrltnr Is t'v same power which other nntlons have been ncciis.nnied to exercise with lespcct tr. territories ni quired by them. If, lu limiting the power which Congress was to exercise wltlitn the United Slates It wa nli Intended to limit it with regard to such lerriiories ns the people ut the United Suites should there arter neqUlre. such limitations should have been oxpresued. Instead or that wo find tin constitution speaking only lu states, except lu the territorial clause, which Is absolute In its terms and suggestive nf no llmltntlolis upon the power of congress lu dealing with them. The stales could only delegate to- congrrs such power ns they thennrlves possessed and as they had no power lo acquire now territory, they had none to delegate In that connection. Tho logical Inference rrom tills Ii that If con gross had power to acquire new territory, which Is conceded, that power was not linmpcrcd by tho constitutional provisions. U.tnlnlliin of I'reeilnin. Ill the Inst psrngrnph of his opinion, be fore announcing the court's opinion, Justice Brown said: Patriotic and Intelligent men mny differ widely ns to the desirableness of tills or tlmt acquisition, but this 1 solely n politi cal question. We can only consider this aspect of the case so fur as to sny that no contructlon of the constitution should bo adopted which would prevent congress from considering each case upon Its merits, uti les the language of the minute Impera tively demand It. A f.-ilse step at this tlm.j might bo fatal tn the development of what Cliluf .luitlco Marshall called "Iho Ameri can empire." The choice lit some case.",' the natural gravitation of small bodlef toward large ones In others, tlio result of a successful wnr In still others, may bring nbout conditions which would render the annexation of dlitaut possessions do elrnble. If thoso possessions are Inhabited b.V alien races, differing from us In tellglon. customs, lnws, method of taxation and modes of thought, the administration of government and Justice, according to Aug o Saxon principles, tnnj for a time bo Im possible and llio question at once arises, whether large concessions ought not to be made for n time, thai ultimately our own theories may be carried nut and the bles Ings nf h free government under the con stltutlun extended to them. We decline to hold that there Is anything In the constitu tion to forbid such nctlon. HOLD DISSENTING OPINIONS llnrlnn. Ilreuer, I'.ecUluini t tille "lib Clilvf Justice Fuller (Mhorx Differ I.cn Itndlcnll.v. WASHINGTON. May 27. Justice Mc Kcnna read n dissenting opinion In tho Do lima cate, stating thnt Justices Shlras and White Joined In his views. The mnjorty, he said, proceeded on the simple proposi tion that to settle whether Porto Hlco Is "foreign country" or "domestic territory," Is to settle the controxersy In litigation In the particular case. But In his view. It could not turn on so easy a deltnltlon. Detwccii tho extremes there were other re lations which Porto Hlco might sustain to the United Slates, nnd It could bo demon strated that Porto Hlco occupied ono ot these other relations and Its products hence wero subject to duties. "The history of our country." said Justice Mc.Kenna. "has examples of tho acquisition of foreign territory examples of what re lationship such territory bears to the United States authorities, executive, legis lative nnd Judicial as to what was wise in statesmanship, ns well as what was legal and constitutional in withholding or ex tending our laws to such territory, and finding these examples and authorities In the way the opinion of tho court attempts to answer or distinguish or overrule them." Wherein He Differs. He then cited the cases of the United States ngaln.it Rice and Fleming against Page, referred lu by tho majority, and said tho tatter attempted to reconctlo them and dismissed a large part of Chief Justice Taney's decision In tho Pago case as dicta. He thought both cases reconcilable, on the ground that both recognized Inevitable con ditions. Such recognition made govern ment provident nnd not haphazard, tt left lo the executive nnd tho legislative de partments th'it which pertains lo them. The opinions oxproseed in Fleming against I'age that, the boundaries of our country could not. he enlarged or restricted by tho advance or retreat of armies, and that whether duties should be levied depended on congress granting authority, should be accepted as wise and considerate of the different functions of the executive, legis lative and Judicial departments and ot their Independence. Why should It. then, bo discarded as dictum? If constancy of Judicial decision Is necessary to regulate tho relations aud property rights of individuals, Is not con utancy of decision the moro necessary when It mny Inlluenco or hus Influenced the nctlon ot a nation? If tho other great depart ments of tho government must look to tho Judicial for light, that light should burn steadily. It should not, like tho exhala tions ot a marsh, uhino to mlalend. Dis tinctions, he contended, always had boon recognized between territory acquired and that which wac within tho acknowledged limits of the United Stntes. In American Insurance Company against Canter, Justico Johnunn, In speaking of the acquisition of Florida, said that the court had most ex plicit proof that the "understanding of our public functionaries Is, that tho govern ment and laws of tho United States do not extend to such territory by the mere act of cession." Theso wero the utterances of men who had made tho constitution pos sible and had conceived nnd written tt. Was it to bo said that we understand what they had written better than they thom selves? After California's Annexation. Justico McKcnna then called attention to the fact that after California's annexation our customs lajvs, had been extended over It aud asked why was this necessary If they npplled- of their own force. Ho also con troverte.d other historical precedents cited by the majority nnd then attacked the ma Jorlty for asserting that without precedent tt would be Irresistibly Impelled to the conclusion that by a cession of territory that territory automatically became a part of us, The treaty, he said, could not have an automatic force contrary to Its terms or groatnr than them. Whether Porto Hlco was n foreign country within tho meaning of tho. revenue laws dopended on tho treaty. By the moro act of acquisition of foreign country wo did not endanger our tariff sys tem and the revenues ot the government. Such ft- law regarded certain conditions "whether It be enacted for rovenue only or for protection aud rovenue. Its entire plan may be Impaired or be destroyed by change In any part. The revenues of tho govern ment may be lessoned, even taken away by change; tho Industrial polldy of tho country may bo destroyed hy change. Wo aro re pelled hy tbo argument which leads to such consequence, whether regarding our own country or the foreign country inado 'do mestic.' To set the word foreign In antithesis to tho word doinestlu proves nothing. Tlio controversy Is narrower. It Is whether a particular tariff law applies. That. Indeed, may bo the consequence or the principle thnt all lawa apply Or that customs laws apply by reason of the provision of Uio constitution which requires duties. Impo-Ms and excises to bo uniform throughout the United Slates, and the treaty-making power cannot prevent Ihe application of that provision. Siiinellilnn In I'rnr, That principle Is asserted by counsel and Is very simple, but applied, us counsel npply It. Is fraught with grave conso quence. It takes this groat country out of tho world and shuts It up within Its bound aries and cripples tho power to make var nnd peace. It may Inko away the fruits of victory, nnd It we may contemplate the possibility or disaster. It mny tnke away tho means or mitigating that. The treaty-making power la as much a constitutional power ns Ihe legislative or J.idlclal powers. II Is a supreme attribute of sovereignty. It may precedo war or follow war. There ran be no verbal lim itations upon Its exercise and, wisely, none were attempted. Whatever restraints should bo put upon It might have to ;eld to tho greuter rostruliits of lire or death not only material property, but national existence. These, or course, are extreme riintliiKndtes, lull Ihoy nro not Impossible und uru necessarily to be regarded when limitations nre urged which take no ac count or them. We do not mean to say that there are no limitations. They nre cert.tlnl not those which counsel urge. In conclusion, Justice McKeuna1 said these considerations to his mind, suggested the tlinicoltloft of any such general nnd sweep ing view as had been laid dowu by the majority. If correct, neither wo nor the conquered nation would have any choice In tho new situation wo would stand bound In a helpless fatality. The whole matter, therefore, ho thought, was essentially leg islative nnd hot judicial. Justico Gray announced that he likewise dissented from the majority opinion, saying briefly that Its judgment appeared to htm If reconcilable with the unanimous opinion of Hits court In Fleming against Pago and with the opinion of the majority of iho Justices in the it.se today decided ot Downes against Dldwell. Hy it Different llniile. Following Justice Brown's opinion In the Downes ense, Justice White delivered an opinion, In which he said Justices Shlras and McKenna united, concurring In the decree affirming the Judgment of tho Downes case, but placing It on grounds which he said were not only different from but' In cotitllct with those expressed by Justice Brown. Tho question at Issuo In this case, he snld, was whether the pro vision of the ' constitution giving congress power to lay duties, Imposts and cxclsts,' but requiring that they should be uniform "Throughout tho United States," had been violated by the Foraker act Imposing duties on goods coming from I'orto Hlco .Into the United Stntes, The propositions, elaborately nrgued nf the trial, that (ho government of the United States, being created by the constitution, that Instrument, where It limits the power of tho govern ment dOei so everywhere, wherever Its authority Is oxerlcd. wero conceded. There ncer could be any serious question that when tho government of tho United Stntes exercises an authority which the consti tution confers, Hint the applicable limits of tho constitution control II. Whilst this was true universally. In every caso tlio question was not whether the constitution followed the flag, hut granting that It did so, what provision was applicable to partic ular cases. Ciinuieis I'tnrerleas In llnrni. The cases which It is said were an ex ception were certain general limitations in tho constitution In favor of liberty nnd property, which withdrew all power from congress. Such limitations were every where applicable nnd of course could never bo transgressed. "In view nf this." the opinion went on, "there Is In renson then no room In tills cHHe to contend thnt congress can destroy the liberties of the people of Porto Hlco (Continued on Third Page.) Tiles Cured Wltliont the Knlfr. Itching, Blind, Bleeding or Protruding Piles. Your druggist will refund your money If PAZQ OIVTMKNT falls to cure you. 60 cents. COKE Dandruff Cure Miss on in Omaha Fulfilled There is No Reason Why People Should be Troubled With Dan druff and Fall ing Hair. The A. H. Bremer Compnny have clenrly stated that under no circumstances would n testimonial bo published without the full consent of tho party giving It. and their promise will never be Infringed upon. Could tho public but read some of the grateful testimonials received dully rrom persons cured by Coke Dandruff Cure It wnjld surely convince them as to Its mer its, The fallowing late reports lecclved at tlin Boston Store Drug Department; "I procured a sample buttle or vnur dandruff cure nnd It helped ine nt once. I bought n largo bottle and am satisfied with the results. D A BUHNUTT ' WANAMAKER & BROWN The Foremost TnllnrltiK llnusc ot Amerlrn. The pride of apparel is not confined to the woman. Every man wants to appear at his best. Wo nro In a position to help him to do this and that at a saving to him of from 35 to 50 per cent. Our Profit on each suit is merely n broker's com mission. Suits$l3 50 up All our goods guaranteed all wool. Omaha Branch Store. 122 South ISth St., Near Corner of Douglas. A Weak Stomach? Mull's Grape Tonic. Strengthens Ihe nerves of the stomach and enables It to distribute throughout llio system nil tho nutrition of tho food eaten. It also has u laxatlvo effect which is, most valuable, constantly cleansing tho system without weakening It. By reason of lis w'Onderful tonic and laxatlvo effects ond dcllclo.is taste, wo cheerfully recommend Mull's Ornpe Tonic to thoso suffering from weak stomachs and dyspepsia. A large, bnttln for hi cents, Seo Your Druggists, Mull's Lightning Pnln Killer relieves life or ono great burden Pain. Rub It on or drink It. 25 cents. The Best Heater for You is the one that burns any kind or fuel, con sumes nil goses und smoke; requires llttlo attention; send heat through the house and not up tho chimney, Buch Is the ROUND OAK FURNACE Don't buy a furnace until you get our fur- naco book, sent tree, Estate ot P, 0. BECKWITH, Oowsglac. Mich. Sold In Omaha by Milton Rogers & Son. w ILCOXTANSY PILLS ' ftadtiiF Womss's islisustd (frit). WILCOX UED. CO.. 330 N. loth St., Pk.lt-. . old or Sbtrinan McCuansil Drue C. An Excellent Combination.' Tito pleasant method nnd beneficial effects of the well known reraedVi Hthui' of Fids, manufactured bv tl'io CAi.iroiitiiA Kio Smut- Co.. illuntrntr the vnluoof obtaining the liquid laxa tive principles of plnnts known to bs medicinally lnxntive nnd presenting; them in the form most rnf resiling to the. tnsto and acceptable to tho system. It Is tlio ono perfect strengthening lnxa-ti-, cleansing the system effectually, dispelling colas, headaches nnd fevers gently yet promptly nnd enabling on to overcome habitual constipation per manently. Its perfect freedom from every objectionable qunllty and sub stance, and its acting on the kidneys, liver and bowels, without weakening or Irritating them, make it tho ideal laxative. In tho process of manufacturing flga arc used, ns they nre pleasant to the. taste, but the medicinal fiualitlesof tho remedy are obtained from senna and other aromatic plnnts, by n method known to tho Camfoiima Fio Svitni Co. only. In order to get itsbcnoficlnl effects and to avoid imitations, plenso remember tho full name of the Company printed on the front of every package. CALIFORNIA FIG SYRUP CO. HAN FRANCISCO, OA I.. tonianz.x.c irr ircw tour, n. t. Tortile by all D'UEglsts. Price Wo. oer bottl WHEN IT GETS GOOD AND HOT IN OMAHA You will wish you had placed your order for your summer suit with Nicoll We make suits in three days and wc make them right, too. HO to Jlf) tor Milts that tho credit tailors would charge twice ns much tor. Pants ?5 lo $12 New cnsslmeres, cheviots anil Kngllsh stripes, THE TAILOR Karbach Block, 209 1 1 S 15th St A.IK SHMIJNTS. OPENING OF THE MAGNIFICENT Family SUMMER resort w. W. Colo. Mr. Decoration Day, Thursday, May 30 Pl-.HKOUMANCICfl KVHHY Al'T KHNOON AND HVKN1NO. W. WT'COLE'S h OrrntcHt of All (irent Shows Allied with Morris Bros.' Famous Dog and Pony CIRCUS And a Hundred Other Attractlons-TWO CONCKHTH DAILY II Y LORENZ'S Celebrated Concert Band Of Thirty Pieces. A FASHION A IH.K HUNDK'VOI'H, A CHILDIIKN'R PAItADlHi:. The biggest nniuseinent enterprise ever launched In Omaha. Admission to Park, 10c. Children free, excepting Sundays and holidays. 'Walnut Hill cars run to entrance Transfer furnished from nil other lines. K A III'! HATII WW, no. 18th and Douglas Sis 4 Days Monday, May 27 AFT KltNOON AT 2;30 -NK1IIT AT ;15 Gentry's Famous Trained An imal Show SEE PINTO, NERO AN1 TRILBY THIS HM ALMOST PKUKOILMINO KLI5 I'll A NTS IN CAPTIVITY. ADMISSION-Chlldreii 15u-Adults :3c. WATCH KOIt THI-: OI1A.VIJ TltlJB STItKUT PAItADi:. DAILY AT 11 AM. w-rfr1C I Woodwurd A Huron, BOYD O Managers. Tel. 1UIU. TONKJHT-SilS 8. M UKAIl Preienls Ferris Stock Co. Tjtsduy, Wednesday and Wednesday Mat.. ritlK.MIS." Thursday, Friday and Saturday and Satur du und Sunday Matinees, (. a ioi :." Extra Matinee Thursday, Decoration day, Night prices 10c, 15c, Sic. and 25c. Matlneo luo nnd 20c. All seats ruerved. Miaco,$TrVcidero- Te,n' iati.m:i: 'ii.t nu- nmi aot. Kntlre Week, Including Saturday Kvfnlng. 'Arc Yu h llillliiln' lliirlcHfinrrs." ttvtr.i Tucsedav evening. tonortH of McUov. ern-Henera light received by ipecjal wire. Bunuiiy, June z, inuiince iinu evening, uos enthal's amateurs anil benefit. Situ V. Ii. t'ornwcll, tho K.ru Kendall nf tho vaude ville stage, and Tonnlss Hobblns, "The Girl from Southern Tenncssfe ' ,Vi moro ama teurs, Itfisenilial himself In original stunt. BASE BALL Colorado Springs vs. Omaha Mny -."I. (iroiiiidx, lfitli ami liiliiu street., liiinic lulled ill 15 i, iu, KBUG PARK