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tH'f-u repealed and that no remedy' f.lstH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-
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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
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Hthui' of Fids, manufactured bv tl'io
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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
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every objectionable qunllty and sub
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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
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OMAHA
You will wish you had
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HO to Jlf) tor Milts
that tho credit tailors
would charge twice ns
much tor. Pants ?5
lo $12 New cnsslmeres,
cheviots anil Kngllsh
stripes,
THE
TAILOR
Karbach Block, 209 1 1 S 15th St
A.IK SHMIJNTS.
OPENING OF THE MAGNIFICENT
Family SUMMER resort
w. W. Colo. Mr.
Decoration Day, Thursday, May 30
Pl-.HKOUMANCICfl KVHHY Al'T
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W. WT'COLE'S h
OrrntcHt of All (irent Shows Allied with
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CIRCUS
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A FASHION A IH.K HUNDK'VOI'H, A
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Admission to Park, 10c. Children free,
excepting Sundays and holidays. 'Walnut
Hill cars run to entrance Transfer
furnished from nil other lines.
K A III'! HATII WW, no.
18th and Douglas Sis
4 Days Monday, May 27
AFT KltNOON AT 2;30
-NK1IIT AT ;15
Gentry's Famous
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SEE PINTO,
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THIS HM ALMOST PKUKOILMINO KLI5
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ADMISSION-Chlldreii 15u-Adults :3c.
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STItKUT PAItADi:. DAILY AT 11 AM.
w-rfr1C I Woodwurd A Huron,
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TONKJHT-SilS
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Tjtsduy, Wednesday and Wednesday Mat..
ritlK.MIS."
Thursday, Friday and Saturday and Satur
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(. a ioi :."
Extra Matinee Thursday, Decoration day,
Night prices 10c, 15c, Sic. and 25c.
Matlneo luo nnd 20c. All seats ruerved.
Miaco,$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
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t'ornwcll, tho K.ru Kendall nf tho vaude
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BASE BALL
Colorado Springs vs. Omaha
Mny
-."I.
(iroiiiidx, lfitli ami liiliiu street.,
liiinic lulled ill 15 i, iu,
KBUG PARK
