0 PORTO RICAN DECISION. Text of tbo Opinions DiivereJ by tho Several Hcmber of the Supremo Court of the United SUU. MAJORITY OPINION". (I3.irfl ty Justice Brown, Justices Gray, f ttrms ss4 MrKeac concurring Justice White jolrt"! n the conclusion, but read a separate. opin ion.) Jutice Brown, after declaring that the ex ception to the Jurisdiction was cot well taken, "la tie cjums of Ie Lima ft Bidwell. Just de cided, we fctii that u$m the ratification of the treaty of peace with Spain. Porto Rico -ceased to " b a fortlga country, and that duties were no long er ooliectltle upon merchandise brought from that, Itiand- We are now asked to bold that It became a part of the United State within that provision oX the constitution which declares that 'all duties, lrepots. asd excisos shall be uniform throughout the United State a. Article I., section 8.) If Porto .-. JUco Is a part cf the United States, tne Foraker , act izapotinr duties upon its products Is uncon stitctioal cot only by reason of a violation of the uniformity clause, but because by section 9 'vessels bound to or from one state cannot "be obliged to ester, clear, or pay duties in another." NO AN3WKR IN THE CONSTITUTION. The case also involves the broader question whether the revenue clauses of the constitution ex tend of their own force to our newly acquired ter ritories. The constitution itself does not answer, the question. Its solution must be found In the nature of the rovernnent created by that Instru ment. In the opinion of its contemporaries. In the practical construction put upon it by congress and la the decisions of tais court. -The federal rovernnent was created In 1777 by the union f thirteen colonies of Great Britain ia 'certain articles of confederation and perpetual union. the first one of which declared that the style of this confederacy shall be the United States of America. flsca member of the confederacy was denominated a state.. Pro vision as made for the representation of each state by &ot Ies than two nor more than seven delegates; but no mention was made of territories, or other lands, except in Article XL, which au thorised the admission of Canada, upon its 'acced ing to this confederation. and of other colonies if such admission were agreed to by nine states. At this tima several state made claims to large tracts cf land ia the unsettled west, which they. were at Crtt indisposed to relinquish. Disputes over these lands became so acrid as nearly to defeat the con federacy before it was fairly put in operation. Sev eral of the states refused to ratify the articles, be cause the convention had taken no steps to settle the titles to tfce lands upon principles of equity and sound policy; but all of them, through fear of beirg accused of disloyalty, finally, yielded -their claims, though Maryland he-d out untill'Sl. ' WITHOUT DELEGATES FROM TERRITORIES. "The confederacy, owing to" well-known .his torical reasons, having proven a failure, a new constitution was formed in 17S7 by the people'of the Ucited States for the United States of Ameri ca. as its preamble declares. All legislative pow ers were tested la a congress consisting of repre sentatives from the several states, but no provision was made for the admission, of delegates from the territories, and no mention was made of territories as separate portions of the union, except that con gress was empowered to dispose of and make all needful rules and regulations respecting the terri tory or other property belonging to the United .. States. At this time all of the states had ceded their unappropriated lands except North Carolina , and Georgia. s It Is suSeient to observe in relation to these fasdamental instruments that it can nowhere be Inferred that the territories were considered a part of the United States. 'The constitution was created by the people of the "nited States, as a union of states, lo be governed solely by representatives of the states: and even the provision relied upon here that ail duties, imposts and excises shall be uni form throughout the Unitd States, is explained by subsequent provisions of the constitution, th-t xj. tax or duty shall be laid on articles exported from any state. and 'no preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another- nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another.' In short, the constitution deals with states, their people, and their representatives. The thirteenth amendment to the constitu tion, prohibiting slavery and involuntry servi tude 'within the United States or In any place sub ject to their Jurisdiction. Is also significant as shewing that there may be placed within the Juris diction of the United States that are no part of the union. To say that the phraseology of this amendment was due to the fact that it was intend ed to prohibit slavery la the seceded states, under a possible Interpretation that those states were ro longer a part cf the union. Is to confess the very point la Issue, since it Involves an admission that If these states were not a part of the union, they were still subject to the Jurisdiction of the United States. LIMITATIONS ON CITIZENSHIP. ""Upon the other hand, the fourteenth amend ment, upon the subject of citizenship, declares only that aU persons born or naturalized in the United States, and subject to the Jurisdiction thereof, are citizens cf the United States and of the,, state wherein they reside. Here there is a limitation . to persona born or naturalized, in the United States which Is not extended to persons born in any place 'subject to their Jurisdiction. ' Justice Brown went exhaustively into the his tory cf the purchase cf the Louisiana territory and the subsequent legislation by congress, and drew the conclusion that congress then believed "that . territory may be lawfully acquired by treaty, with a provision for its ultimate Incorporation Into the union; and. second, that a discrimination in favor cf certain foreign vessels trading with the ports of newly acquired territory Is no violation of that clause of the constitution (Art. L, sec. 9), that de clares that no preference shall be given' to the ports cf one state over those of another. -It Is evi dent that the constitutionality of this discrimina tion caa only be supported upon the theory that forts of territories are not ports of states within the meaning of the constitution. The same construction was adhered to In the treaty with Spain for the purchase of Florida." added Justice Brown, "the sixth article of which provided that the Inhabitants should 'be incor porated into the union of the United States as soon as may be consistent with the principles of the federal constitution. and the fifteenth article cf which agreed that Spanish vessels sailing di rectly from Spanish ports and laden with produc tions of Spanish growth or manufacture should be admitted for the term of twelve years to the ports f Pensacola and St. Augustine 'without paying other or higher duties on their cargoes, or of tonnage, than will be paid by the vessels of the United States and that 'during the said term no ether nation shall enjoy the same privileges within the ceded territories. PROVISION REGARDING HAWAII. "So. too. In the act annexing the republic of , Hawaii there was a provision continuing in effect the customs relations of the Hawaiian islands with the United States and other countries, the effect of which was to compel the collection in those isl ands of a duty upon certain articles.' whether com- Ing from the United States or other countries, much greater than the duty provided by the gen- . eral tariS law then in force. This was a discrimi nation against the Hawallaa ports wholly Incon tinent with the revenue clauses of the constitution. If such clauses were there operative.1. The very treaty with Spain under discussion la this case contains similar discriminative provl . ilons, which, are apparently Irreconcilable with the constitution If that, instrument be held to extend to these Islands immediately upon their cession to the United States. By Article IV. the United States r agrees 'for the term of ten years from the date of the exchange of the ratification .of .the present treaty, to admit Spanish ships and merchandise to the ports of the Philippine islands on the same terms as ships and ' merchandise of the United States" a privilege not extending to any other -ports. It was a clear breach of the uniformity clause Jn question, and a manifest excess of au thority on the part of the commissioners, if ports of the Philippine islands be ports of the .United Slates. "So, too, by Article XIII.,:'Spanish scientific, literary, and artistic works shall be continued .to.be admitted free of duty in such territories for the, period of ten years, to be reckoned from the - date of ' the exchange of the ratifications of this treaty.. This is also a clear discrimination in favor of Spanish literary productions into partic ular ports. f COURT DECISIONS AT VARIANCE. -"The decisions of this court upon this subject have ' no been altogether harmonious. Some of - tl em; are -based upon the theory that the consti tution does not apply to the territories without legislation Other cases, arising from territories where sucl' legislation ha3 been had, contain lan guage which would Justify the inference that such legislation was unnecessary, ad that, the consti tution took effect immediately upon the cession, of the territory to the United States. It may be remarked, upon the threshold of an. analysis of these . cases, that too much weight, must not be given to " gfeneral : expressions found in several opinions that the power of congress over terri toi les Ik complete . and supreme, because these words may be interpreted as meaning, only su preme uacler.the constitution; .nor upon the other hand, lo general statements that the constitution covers tbe territories as well as the states, since in such, .cases it will be found that acts of congress had already extended the constitution to such ter ritories, and that thereby it subordinated hot only its own acts, but those of the territorial legisla tes, to what had become the supreme law of the land." ' Justice Brown cited the cases of Hepburn vs. Elljey, Loughborough vs. Blake, and others to shew the power of congress over territory not in cluded in the states. Loughborough vs. Blake tested the' right to impose direct taxes in the Dis-! trict of Columbia. It was held that, such taxes could be Imposed here, and Justice Brown's com ment, which follows, is interesting, as compar ing the local status with that of Porto Iticans.: "There could be no doubt as to the correctness of this conclusion, so far, at least, as it applied to the District of, Columbia. This district had been a part of the states of Maryland and Virginia. It had been subject to the constitution, and was a ' part of the United States. The constitution had attached to it irrevocably. There are steps which can i.ever be taken backward. The tie that bound the states of Maryland and Virginia to the con stitution could not be dissolved, without at least the consent of the federal and state governments to a formal separation. The mere cession of the District of Columbia to the federal government relinquished the authority of the states, but it did not take it out of the United States to from under the aegis of the constitution. Neither party had ever consented to that construction of the ces sion. If, before the district was set off, congress had passed an' unconstitutional act affecting its inhabitants, It would have been void. If done after the district was created, it would have been equally void; in other words, congress could not do indirectly '"by -carving out the district what it could not do directly. The district still remained - a part of the United State3, protected by the con stitution. Indeed, it would have been a fanciful construction to hold that territory which had been , once a part of the United States ceased to be such being clderd!fecfly to thft federal government REPUBLIC? OF ' STATUES AND TERRITORIES. "In delivering the opinion, however, the chief Justice made certain observations which have occasioned f some embarrassment in other cases. 'The power.Vhe said, 'to lay and collect duties, im posts, and excises may be exercised, and must be exercised, throughout the United States. Does this term designate the whole, or any particular portion of the American empire? Certainly this question, can admit but of one answer. It is the name given to our great republic, which is com posed of states and territories. The District of Columbia, or the territory west of the Missouri, is not less within the United States than Mary- - land and Pennsylvania; and it is not less neces sary, on the principles of our constitution, that uniformity in the imposition of imposts, duties, and excises should be observed in the one than in the other. Since, then, the power to lay and collect-taxes, which includes direct taxes, is ob viously coextensive with the power to lay and collect duties, imposts, and excises, and since the latter extends throughout the United States, it follows that the power to impose direct taxes also extends throughout the United States.' So far as applicable to the District of Columbia, these observations are entirely sound. So far as they apply to the territories, they were not called for by the exigencies of the case. "This case of Loughborough vs. Blake may be considered as establishing the principle that in dealing 'with foreign sovereignties the term 'Unit ed States has a broader meaning than when used in the constitution, and includes all territories subject to the jurisdiction of the federal govern ment, wherever located. In its treaties and con ventions with foreign nations this government is a unit. This is so -not because the territories com prised a part-of' the government established . by the people of the states in their constitution, but because the federal government is the only author ized organ of the territories, as well-as of the states, in theirj foreign relations. , . CONSTITUTION IN THIS DISTRICT. -' s 1 "It may be added in this connection that, to put at rest -all doubts regarding the applicability of the constitution to the District of Columbia, ! congress by the act-of February 21, 1871, speci- - fically extended the constitution and laws of the ' United States to this district." After citing many other similar cases Justice Brown says: - . "Eliminating," then, from the opinions of this court all expressions unnecessary to the disposi tion of. the particular case, and gleaning there j from the exact point decided in each, the follow- - ing propositions may be considered as established: . ' That, the District of Columbia and the ' territories are not states, within the judicial clause cf"the: constitution giving jurisdiction in cases t between citizens -of ; different states. "2. That territories are not states, within the meaning of revised statutes, section 709, permitting writs of error from this court in cases where the validity of a state statute is drawn in ques tion. "3. That the District of Columbia and the . territories are states,- as Liat word is -used in treaties with foreign powers, with respect to the ownership, disposition and Inheritance of property. "4. That the territories are not within the clause of the constitution providing for the crea tion of a supreme court and such inferior courts as congress may c-je fit to establish. "5. That the constitution does not apply to foreign countries or to trials therein conducted, and that congress may lawfully provide for such trials before consular tribunals, without the in tervention of a grand or petit jury. "6. That where the constitution has been once formally extended by congress to territories, neither congress , nor the territorial legislature caa enact laws inconsistent therewith. ; , Minority Opinion. (Delivered by Chief Justice Fuller, Justices Pcckham and Brewer concurring Justice f . . . ... ...... , .m . - . 1 Harlan concurred in the conclusions reached ; by the minority but read a separate opinion). Chief Justice Fuller said: VI ; " N "The inquiry is whether the act of April 12, 1900, so far as It requires the payment of import duties on merchandise brought from a port of Por to Rico as a condition of entry into' other ports of the United States, is consistent with the federal constitution. ....... : . v.; '.'The act creates a civil government for Porto Rico, with a governor, secretary, attorney general, and other officers appointed by . the-president, by and with the advice and consent of the senate, who, together with five other . persons," likewise so apt pointed and confirmed, are constituted an executive , council; local legislative powers are vested in '.a ; legislative assembly, consisting" of the executive ; council and a house " of ; delegates, tb . be elected ; courts are provided for, and, among, other things, Porto Rico is constituted a judicial "district, with j a district judge, attorney, and marshal, to be ap pointed by the president for the term of four years. All officials authorized by the act are re-; quired to 'before entering upon the duties of their j respective offices take an oath, to support the con- j stitution of the United States and the laws of Porto Rico.' ' ' v . . :i ; " . ! GEOGRAPHICAL UNIFORMITY REQUIRED. j "The uniformity of taxation' required by the constitution is a geographical uniformity, and is : only attained when the tax operates with the same force and effect in every place where the subject of it is found. 'But it is said that congress in at tempting, fo levy these duties, was not exercising power derived from the first clause of section 8, or restricted by it, because in dealing with the terri tories, congress exercises unlimited powers of gov ernment, - and,- moreover, that : these duties- are merely local taxes."- : : The chief justice referred at this point to the case of Loughborough vs. Blake and to Chief Jus tice Marshall's opinion, delivered thereon in 1820, and added: . "It is said in one of the opinions of the ma jority that the chief justice 'made certain observa tions which have occasioned some embarrassment in other cases.' -1 agree that the opinion of the court delivered by him must be embarrassing in this case, for it is necessary to overrule that de cision in order to reach the result herein an nounced. ' "It is wholly inadmissible to reject the process of reasoning by which the chief justice reached and tested the soundness of his conclusion as merely obiter. Nor is there any intimation that the ruling turned on the singular theory that the constitution irrevocably adhered to the soil of Maryland and Virginia, and, therefore, accompanied the parts which were ceded to form the District, or that 'the tie' between those states and the constitution 'could not be dissolved without at least the consent of the federal and state governments to a formal sep aration; and that this was not given by the ces 'sion and its acceptance in accordance with the constitutional provision itself, and hence that con gress was restricted in the exercise of its powers in the. District, while not sd in the teritories. PURPOSES OF. NATIONAL TAXATION.' "On the contrary, the. chief justice held the territories as . well as the District to be part of the United States for the purposes of national tax ation," and repeated, in effect what he had already said in McCulloch- vs. .Maryland: 'Throughout this vast republic, fromvthe St Croix to the Gulf of Mexico, from the Atlantic-, to" the Pacific, revenue is to' be collected and1" expended, armies are to be marched and supported.' ". "Conceding that the-power to tax for.the pur pose of territorial government js implied from the power to govern territory,. wheth'er the latter power is attributed to the powerito acquire or the power to make needful rules and,, regulations, these par ticular duties are nevertheLzjs flnot local in their nature, but are Imposed as . in the exercise of na tional powers. . The leyyis"jclearly a regulation of commerce, and a regulation affectjngth'eistates' and their people as weiras,this territory and" .its people. The power of congress to act directly on the rights and interests of the people of the states' can only exist if and as granted by the constitu tion. And by the constitution congress is vested with power 'to regulate commerce with foreign na tions, and among the several states, and with the Indian tribes.' The territories are, indeed, not mentioned by name, nd yet commerce between the territories and foreign nations is covered by the clause, which would, seem to have been in tended to embrace the entire internal as weir as foreign commerce of the country. REGULATION OF COMMERCE. "It is evident that congress cannot regulate commerce between a territory and the states and other territories in the exercise of the bare power to govern the particular territory, and as this act was framed to operate and does operate on the people of the states, the power to so legislate is apparently rested on the assumption that the right to regulate commerce between the states and ter ritories comes within tne commerce clause by nec essary implication. "Accordingly, the act of congress of August 8, 1890, entitled 'An act to limit the effect of the reg ulations of commerce between the several states and with foreign countries in certain cases, ap plied in terms to the territories as well as to the states. In any point of view; the imposition of du- x ties on commerce operates to regulate commerce, and is not a matter of local legislation; and it follows that the levy of these duties was In the exercise of the national power to do so, and sub ject to the requirement of geographical uniformity. "The fact that the proceeds of these duties are devoted by the act to the use of the territory does not make national taxes local. Nobody disputes the power of congress to lay and collect duties, geographically uniform, and-, apply the proceeds by a proper appropriation; act to the relief of a particular territory,. . but the destination of the proceeds would not change the source of the power to lay and collect And that suggestion certainly is not strengthened when based on the diversion of duties collected from all parts of the United States to a territorial treasury before reaching the treas ury of the United States. Clause 7 of section. 9 of . Article I. provides that 'no money shall be drawn from the treasury but In consequence of appropria tions made by law, and thes proposition that this may be rendered inapplicable if the money is not permitted to be paid in so as to be susceptible of being drawn out Is somewhat startling. APPLIES TO TERRITORIES AND STATES. "Other parts of the constitution furnish illus trations of the correctness of .this view. Thus, the constitution vests congress with the power to es tablish an uniform rule of naturalizations, and uni form laws on the subject of bankruptcies through out the United States. Thi& applies to the terri tories as well as the states, and has always been recognized In legislation as binding. "Aliens -in the territories are made citizens of the United States, and bankrupts residing in the territories are discharged from debts owing citizens of the states pursuant to uniform rules and. laws enacted by congress in theexercise of this power. "The fourteenth amendment provides that 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the states wherein they reside. - - 4 "No person is eligible to the office of president unless he has 'attained to the age of thirty-five years and been fourteen years a resident within the United States.' (Clause 5, sect. 1, Art. II.) "Would a native-born citizen of Massachusetts be ineligible if he had taken up his residence and resided in one of the territories for so many years that he had not resided altogether fourteen years in the states? When voted for he must be a citizen of one of the states (clause 3, sect. 1, Art. II.; Art XII.) , but as to length of time must residence in the territories be counted against him? . "The fifteenth amendment declares that 'the right of citizens of the United States to vote shall X? i All ffbods on hand must be sold to No goods carried over from one season to another. A rare oppor tunity to those who have money to buy at this time. ; . .- ': Our first annual inventory sale. iVe believe in always keeping the newest and latest goods in stock and in order to do this we will once each year offer our entire stock- nothing excepted for sale at cost. . CARRIAGES This is a chance that occurs only once in a year, . to get one of our handsome car riages formerly sold at $115 now at $100; our $105 carriage at 95. Our $70 and $75 spring wagons at $60.00; our 70 and 75 dollar top buggies at 60 dollars; our 50 and 55 dollar top buggies at 48 and 50 dollars. Good, stylish road .wagons, at correspondingly low prices. GASOLINE STOVES Large Gasoline Range sold everywhere dollars. Smaller sizes at from $2.25 up to COOK We quote a few prices on cook stoves, cast ranges and steel ranges: Four hole cook stove 9 dollars, with reservoir 14 dollars. Six hole cast range with, reservoir dur ing this sale 25 dollars. Steel ranges,; best on earth varying in size from 22 dollars up to 40 dollars for largest size. v ' . HAMMOCKS, LAWN SWINGS, ETC. We have the latest thing out in this line. Galvanized wire hammocks as soft and pliable as cotton. It is" not necessary to take them in every time it rains. They will last a life time. 9 foot size $2.25, 10 foot size $2.50 while they last. We also have a full line of cotton hammocks at from 60c to $3.00. HARNESS Our. harness line is complete. 1 Everything in single and double buggy and heavy farm harness at prices that will save you money. V ;- This is the time of year when you ought to clean , and; .oil your harness. We have the soap and dressing that will make it lo k Fiebing's Harness Soap Dressing, I lb. can. . . . v ... ... rvV .' .. . . . . , - v 20c Fiebing's Harness Soap Dressing 2 lb can. . ... ..... . , ... . ... . .40c Fiebing's Harness Oil Dressing 1 qt can.. . . . .30c Fiebing's Harness Oil Dressing gallon can. . . . . . .v. i . . . . . 50c Fiebing's Harness Oil Dressing 1 gallon can. .... . . . .. . i . . . . . . , ... . . . .. . . , . . ,90c Hoof oil guaranteed to cure all diseases of the hoof, per quart .T ... . . . . . ..... ....... . . 00c Full lmVpf carriage top dressing, axle oil and metal; polish. HARDWARE Everything in the line of hardware, tinware, wire cloth, screen doors and windows, garden tools, wheel barrows, hay tools, sewing machines, churns, washing machines, trunks valises, telescopes, traveling bags and many other things which for lack of space we cannot mention will go at the sale at from 1 5 to 25 per cent off. . ; . ICE CHESTS, Come in or. send for one of our elegant-mineral wool filled galvanized steel lined re frigerators. We have them with ice capacity from 45 pounds to 1 25 pounds. Rang j j . Kn ffil K ' f : . mg m price UUIlUg luia aaic ai uum FURNITURE We have a full line of the latest and , most stylish things in furniture and can ' save : you from 25 to 50 per cent-during this sale on anything in this line. v;; ' . Everything in paints both for inside and outside use.' If you cannot call, send for color card. Best ready mixed house paints f6r outside use $1. 25 per gallon. All paints mirantppn. i - ..... 1 t . ,-. ;. . We have the choicest patterns in all wool and union ingrain carpets at' from 35 to 70c per yard,' also full line of brussels, velvets, moquets and "axministers, stair carpets, rugs etc! t If you: cannot call and examine our stockwrite for. what you want giving details as complete as you can. Your letter will receive careful atleKti6n Mail orders are a srec- laity at tnis nouse. . oausiacuou guaranieeu Mr. Justice Brown nected with the Porto Rico decision, according to the Washington Times, is undoubtedly Mr. Justice Brown, the profound and incorruptible jurist who, have argued himself to a standstill. In defense of the Constitution in the De Lima case, immediately backed water and argued himself to another stand still in the Downes case. . Or as the old song has. it: .There was a man in our town, And he was wondrous wise ; He jumped into a bramble bush . And scratched out both his eyes. . Farmers Supply Ass5 p - A v 126-128-130 North 13th Street, Lincoln, Nebraska FIVE STORIES AND BASEMENT - WHERE YOUR DdfiLARS BUY THE MOST '1 n . -:" ' . r. - . .- - 1 , I ' ' j , . , Mf. JUSIICg DrDWn An ne round nis eyes-wereut vvun an ms mignt and main : : He jumped into another bush s ; .;c And scratched them In again! - ' The Sams Breed v Republicanism in Vermont seems .to have been, bred from the same stock that has furnished the office-holders for that party in Nebraska, A dis patch of May 27th says: : a "Lieutenant-Governor M. F 2 Allen and State Representative J. W; Ketch-' am were arrested by federal Officers tm day under Indictments charging them with complicity with Cashier D Q Lewis in, wrecking the Farmers' Na inventory! CLEARING. make room for enormous new stock AND VEHICLES at 29- dollars, our price during this sale 22 20 dollars. . s , STOVES like new and wear again as long if used occa- REFRIGERATORS ,yj vA",u PAINTS in every case or money refunded. tional bank of - nuivu A ctrui . . suspended. The ' lieutenant-goverr.o-was .vice president and a director of toe bank and Mr. Ketcham was teller. The- latter was taken to Burlington, wnere he pleaded not guilty, and: bail was fixed at $5,000. Mr. Allen w.:; oe given a hearing at Lewisburg. ns nome. . : "The indictments were returned Wik. by .tneUnlted States grand - Jar . . ana are in two counts charging eon ?i,rtin''embeMUn the oank fuc is v 6 iuo accounts. THK FARMERS fSUPPLT ASSOCIAT1 'N 128130.138 North 13th St., I.liboln, Jtoatioa The Indpeadat.'