The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-11-16
FLAG AND CONSTITUTION.

a case involving the mooted question
whether "the Constitution follows the
f:ag'' is now before the Supreme Court of
the United States, and is set for argument
Dec. IL. The case comes before the court
on writ of error from the United States
District Court for the Northern district of
Illinois on the following state of facts:
J. Pepke, citizen of North Dakota, en-
listed in the army. April 20. 1898. was at
tached TO the First Regiment, North Da-
kota Volunteer Infantry, saw service with
that regiment in the Island of Luzon in
the Philippines, and was discharged with
his regiment Sept. %, 1899. at Camp Pre-
regiment, subsequent to the treaty of peace
with Spain and the exchange of ratifica-
tions thereof he purchased eleven diamond
rings and made loans to fellow-solders
upon three others, which were subsequent
ly released to him. The fourteen rings he
brought with him from LUXOR He re-
turned with his regiment upon a United
States transport, and upon his discharge
he proceeded to his home in North Dakota,
aud thence TO Chicago where the four
teen rings were seized by customs Of
ficer as having been unlawfully brought
into the United States. The United States
District Court held that the plea filed that
these goods were not subject to customs
duty was insufficient and they were de-
creed forfeited and ordered sold From
this action of the court writ of error is
being prosecuted by the plaintiff before
the United States Supreme Court, one of
his counsel being Hon. Charles II. Aidrich.
formerly of this State, and ex-solicitor
general of the United States. The appea!
is based on the contention that 'by the
and Spain the Philippines were ceded to
and became a part of the United States,
and that TO impose tariff duty on goods
brought to the United States from one OF
its own possessions violates that provision
of the Constitution which provides that
all duties. imposts and excuses shall be
uniform throughout the United States,
This contention involves the whole ques-
ton whether the Constitution in general
and detail extends over the new possess
s;ons as soon as they are acquired or
whether it is competent for Congress and
the President 10 establish special rules
and regulations for the government of
such possessions. AS an abstract question.
raised in connection with the Porto Rican
tariff. the Journal was inclined and is still
inclined to believe that the Constitution
in all its parts goes with the flag. But 1t
ton. and I'm its decision mucn depends
on the point of view and the extent to
which the Supreme Court yields TO political
considerations. AS priori proposition,
a mere academic question, it would prob
ably hold that the Constitution i'm all it's
provisions goes with the flag. 1t certainly
does TO the extent of empowering Con-
gress to legislate for new possessions and
the President 10 enforce such legislation
But the court may hold that the Constitu-
ton follows the flag i'm new possessions
to the extent OF establishing the SOW
ereignty of the United States over them
but not TO the extent OF Immediately in
yesting the Inhabitants with all the rights,
privileges and immunities of American cit
izens The Supreme Court is a very wise
and practical body. and Is not likely 20