Supreme Court Decisions on Island Tariffs
The Supreme Court of the United States announced, on May 27, its decision in two of the cases brought before it dealing with the status of the islands acquired from Spain. The court decides that Porto Rico became American territory at the signing of the treaty of peace with Spain. From the time of its occupancy by the American troops until the signing of the treaty it was simply conquered territory. After the signing of the treaty, Congress became the ruling power in the island, with power to fix duties on goods coming from Porto Rico to the United States, or to make such legislation as it is permitted to make for any of the rest of its territories; that the constitutional specification that all duties must be uniform thruout all the States does not apply to the territories; but until Congress legislates in the matter, no such duties can be collected. The decision in the second case makes the Foraker tariff act constitutional, or within the power of Congress. That is, Congress has the power to declare a tariff on goods imported from the island territory of Porto Rico. It must follow, then, that no duties are yet collectable on imports from the Philippines, as Congress has not legislated in the matter. In the first case, duties paid on Porto Rican imports before the passage of the Foraker amendment, were ordered refunded. It is expected that a similar decision will be rendered in a case now before the court in reference to certain importations from the Philippines. Still other decisions bearing on recent possessions are yet to follow.