Show I SECOND DOOLEY CASE 1 I Opinion Rendered Which Sustains the Government V Washington Dec 2rhe United States Supreme court depided the second sec-ond of the Dooley ca involving the constitutionality of the law of April 12th l providing for the collection of duty on articles shipped from the United States Into Porto RicoV The decision WfiS rendered by Justice V Brown The Government is sustained In the second Dooley case Justice Browns opinion held that as Porte Rico is not foreign V territory terri-tory the goods shipped to Porto Rico are not exports but whether exports or imports the wide range of Congress in the matter of taxation was sufH clnet for a contingency of this character charac-ter At best he said the duty was a temporary expedient and as it vas explicitly provided In the Foraker net that the Porto Rican Legislature could change the character uf Ihe enactment It was held that the Foraker act was merely legislation In the Interest of Porto Rico The Foraker act was sustained sus-tained on the rounds laid down In Lho Downs case another of the Insular cases decided at the last term The decision of the lower court WAS affirmed af-firmed Justice Brown explicitly said that the opinion was not to bo construed con-strued as a justification export duties du-ties V Justice While concurred In the result I but delivered an independent opinion WHAT CASE IS ABOUT Tills case grows out of the imposition oCtarin duties on goods shipped from New York to Porte Rico May 1 IOOP to Oclober 23rd of the same year under the net of April 12 1000 providing revenues rev-enues and a civil govornpienl for P orto Rico the sum Involved being U33 Tills money was collected nt Porlo 1 Illiio on goods shipped to that port by Dooley Smith Co to their agent III San Juan fIll coliclions were imposed under thnt sec on of the law In question which provides I that all merchandise coming into Porto Rico from theUnited States shall he entered at the several ports of entry on payment of the lo per cent duties which ave required to be levied collected and paid on Hko articles of merchandise imported from foreign countries Into the United States under the Dlngley tariff law CONTENTION OF DOOLEY The contention on the part of Doo leys counsel l was that the Congress hud not the power under the Constitu tion lo impose taxes or duties such as were levied under the act of April 12th on articles taken Into Porto Rican ports from other ports of the United States Porlo Rico being an integral portion bt the Nation i I The Chief Justice and Justices Ilaj lan Biewer and Pcckham united In a dissenting opinion In the Dopley case which was handed down bv tim Phiof Justice They hold that tjie duty imposed I posed was export In character and tho I fact that It was levied for the hon llt of 1 Porto Rico did not change Its character I |