The times., 1900-12-21
IN REPLY TO Mr.. GRIGGS
Closing Argument in the Porto
Rico and Philippine Cases.
Charles II. AIdrich, of Counsel for
PepI<e, Declares That the Attorney
Generals Contentious Before the
Supreme Court Were Mainly Ir-
relevant to the Question at Issue.

The argument in the Supreme Court in
| volving the application of the clause OF
| the Constitution requiring that all duties
! imposts. and taxes levied by Congress shall
| be uniform throughout the United States
TO the Philippines, and Porto Rico. was
| concluded yesterday afternoon by Charles
H. Aldrich, of Chicago. He represented
the appellant from the judgment of the
| Circuit Court for the Seventh circuit, ap-
proving the seizure by the collector OF
customs at Chicago of fourteen diamond
| rings, brought into the United States from
| the Philippines by Emil ]. Pepke. who de-
| clined to pay customs duty on the ground
that the islands were a part of the United
States
Mr.. Aldrich's contention was that by the
operation of the Treaty of Paris the Philip
pines and Porto Rico became part of and
were incorporated into the United States.
and that no duties could be laid on prop
erty transported from port in either OF
them TO a port of the United States that
was not charged upon goods transferred
from one port of the United States to an
other.
Justice White asked Mr.. Aldrich II the
establishment OF that contention would
not determine and conclude that the in
habitants of those islands by the same
operation of the treaty became citizens of
the United States.
Mr. Aldrich replied in the negative. for
the reason, he said that while the terri
tory of the islands became part of the
United States 1t did not necessarily follow
tt, h. fr,t, u r- gsf
Aldreh did not follow his printed brief,
but rather confined himself to answering
the argument of the Attorney General
which, he said was for the most part ir
relevant to the question az issue. He re-
viewed at length the history Of the Gov
ernment from its foundation up TO the
present time.
The colonies. Mr.. Aldrieh said, had re-
sisted the attempt of England to tax them
without representation and yet here was
the spectacle of the Attorney General of
the United States after one hundred years
of our struggle coming into the Supreme
Court of the United States and asserting
taxing power more extreme than that
claimed by the British Parliament Mr..
Aldrich quoted at length from the deci-
sion of Justice Marshall in Loughborough
VS.. Blacke, in which It was held that the
term United States embraced "our
great Republic which is composed of
States and Territories
II the Philippines were not American
territory, Mr.. Aldrich said, then they
must still be under the sovereignty of
Spain, for no other country claimed ju-
risdiction over them. In conclusion, he
said that the Supreme Court held and
many people believed that the principle
that the Congress could govern the Ter
ritories of the United States with unre-
strained and unlimited power was a prin-
ciple fraught with danger to the Union
and the institutions of the country.
Attorney Perkins. counsel for Goetze in
the Porto Rico case, was allowed ten
tiays TO file a further brief and the same
time was given the Attorney General to
file an answer.
On January I, five other cases will be
argued before the court raising the spe-
cific question of the constitutionality OF
the Porto Rican tariff act enacted by Con-
gress last March.
Referring TO the Louisiana purchase
Mr. Aldrich said Mr.. Jefferson. no doubt.
thought he was doing an unconstitutional
act and that TO bring Louisiana into the
Union would require an amendment to the
Constitution. His reason for commenting
on the Louisiana purchase. he said, was
because that subject formed nearly two
thirds of the Attorney Generals brief.
Mr. Aldrich commented on the Florida
case, and pointed out that it was held by
the court that after Florida was added
to the United States the tariff laws did
not apply to goods shipped to and from
the Territory of Florida to other parts of
the United States He referred to the
Jackson incident, dwelt at length on by
the Attorney General. and stated that
Jackson never believed that he was free
from the restraint of the Constitution
while acting as Military Governor of
Florida. President Mckinley. said Mr..
Aldrich. in his first annual message after
the declarat tion of peace. said 1t was our
plain duty to give free trade to Porto
Rico. thus recognizing the principle in
yolved.
Justice Shiras asked If the President