Conservative.
POLITICAL STATUS OF PORTO RICO.
The incongruities of the two decisions
rendered by the majority of the supreme
court affecting the political status of
Porto Rico in its territorial relationship
to the United States , are marked , and
quite startling.
In one case it is held , that , prior to
the ratification of the treaty of cession
Porto Rico was a foreign country.
This is clearly sound , as determined
by international law.
In the next case , it is held , that , after
the ratification of the treaty and pend
ing the enactment by congress of the
so-called Foraker law , providing a form
of civil government for Porto Rico , that
island was a domestic country , because
a part of the United States.
It is to be noted that the court does
not declare Porto Rico to have been
made by virtue of the treaty of cession
an integral part in the sense that Ari
zona is a territory , or as Alaska as a
territory is an integral part of the
United States ; but , simply a land pos
session belonging to the United States.
In other words , by the said treaty ,
Porto Rico was made territory of the
United States , but not a territory there
of. The latter status could bo given it
only by a specific act of congress , ap
proved by the president.
This is the view which was advanced
by the writer in the very beginning of
the controversy which ensued from the
transforming by congress of "plain
duty" into customs duty as applied to
Porto Rico.
But , herein is the incongruity : Con
gress did not , in the Foraker act define
the status of Porto Rico territorially
in relationship to the United States , but
legislated a form of government there
for outside the provisions , limitations
and restrictions of the constitution.
The effect of this , is to classify Porto
Rico as a dependency of the United
States.
Under the constitution , congress has
no power to hold and govern territory
as a dependency. This is the dictum of
the present court in the decision just
handed down , which is in reaffirmation
of all previous decisions bearing on that
vital question.
And yet , despite this , because , for
sooth , congress has not elected to con
stitute Proto Rico a territory of the
United States by providing therefor a
territorial form of government , consonant
nant with the constitution , but has en
acted a system of government foreign
to the constitution , the court decides
that such enactment is constitutional.
Now , the writer has ever held and
yet holds , that , with the treaty of ces
sion ratified , Porto Rico became , if not
a territorycertainly a territorial part of
the United States. As such , constitu
tionally there could be no levying by
congress , of customs duties upon the
imports and exports of Porto Rico that
come into the markets of our federal
union of states and territories.
Why ?
What the Constitution Provides.
Because the provision governing this
matter is clear , specific , emphatic ;
namely , "all customs duties , imports
and excises shall be uniform in all parts
of the United States. "
Mark it , "ALL PARTS , " not all
states.
The court has declared that Porto
Rico is a part of the United States ;
hence it ( the court ) , is incongruous in
saying that the constitution is applica
ble to and operative in Porto Rico , when
the court upholds as constitutional , an
act by congress which is in contraven
tion of the constitutional provision
cited.
Congress has been derelict and recre
ant in not enacting by specific legisla
tion , Porto Rico into a territory of the
United States , thus to bring it legally
within the purview of the constitution ,
thereby to insure to the Porto Ricans
the rights of citizenship as enjoyed by
the people of Hawaii and all other
United States territories.
This would have precluded the possi
bility of the imposition of customs
duties upon Porto Rican products that
come to the markets of the mainland.
It is worthy of note , that the court's
decision does not fix definitely the
status of the people of Porto Rico in
their political relationship to the United
States. This was by design ; because , if
they were declared to be citizens of the
United States , it would have been at
once established that the levying of cus
toms duties upon their products is ille
gal ; because , under the constitution no
such levy can be made upon the products
of citizens of one part of the United
States coming to market in another part
of the United States.
Status of the Porto Ricans.
Wherefore , to escape this dilemma ,
the court has left the people of Porto
Rico in the air , so to say , in the matter
of their status ; and all they can assert
with certainty is , that they are Porto
Ricans of Porto Rico , subject to the
jurisdiction of the United States.
Query : How long will they be kept
"in the air" in this regard , in view of
the supreme court declaring that con
gress has the power to legislate for Porto
Rico as congress may elect ?
To sum up , the effect of the court's
decision is , Porto Rico is a foreign coun
try for the purpose of taxing its exports ,
and a domestic country for the purpose
of taxing its people and their property.
Truly , here is a most extraordinarily
anomalous situation , and one that is
bound to breed much confusion.
So much for adapting the Court's de
cision to meet the requirements of po
litical and commercial expediency rather
than to conform to fundamental princi
ples of our government as made clear
by Chief Justice Marshall in his inter
pretation of the constitution. JOHN
AUBREY JONES in Oakland Tribune.
THE TORRENS LAW.
This useful improvement on the an
cient methods of holding and transfer
ring titles to real estate , which THE
CONSERVATIVE has advocated for sev
eral years , is being heard of more and
more around the state. A recent issue
of the Omaha World-Herald contains a
lucid article in regard to it by Hon. H.
H. Hanks , of Otoe county , the gentle
man who secured the appointment , by
the last state legislature , of a commis
sion to investigate the subject with a
view to the introduction of the system
in Nebraska.
It is particularly desirable that edi
tors of papers in small towns should in
form themselves as to what the Tor-
rens system is , and then place it before
their readers who are , in farming
districts , nearly all land-owners , and
therefore closely interested in having
the best protection possible for their
titles.
"LEWIS AND CLARK. "
THE CONSERVATIVE is indebted to
Mr. William R. Lighten , of Omaha , for
a copy of his book , entitled "Lewis and
Clark. " This volume is one of the
Riverside biographical series , published
by Houghton , Mifllin & Company. It
will be read with pleasure by all who
are interested in becoming familiar with
the self-sacrificing lives and marvelous
deeds of the noble men who , in pioneer
days , explored our vast country to aid
in its settlement , to strengthen its
government , and to make possible the
progress of our civilization.
The author says of this book : "In
this brief narrative , we have just
touched the hill-tops of the adventures
of the expedition. " Yet from its pages
one gains a satisfactory knowledge of
all that is known of the lives of Merri-
wether Lewis and William Clark , and
learns to appreciate and admire the un
selfishness , the bravery , the stern endur
ance , which enabled these two men to
carry on their famous expedition of 1804
and cross the continent in the face of
overwhelming difficulties.
We recommend Mr. Lighton's book to
all students of our country's early his
tory.
REVISION OF FAITH.
We observe in religious conferences
frequent propositions for a revision of
faith. The Age never revises either its
religion or its democracy. Old time re
ligion and old time democracy are good
enough for the Age. Beaumont , Texas ,
Age.