The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-12-18
STATUS OF THE COLONIES
IS INVOLVED IN TWO CASES BE
FORE THE SUPREME
COURT
GoETzE VS.. UNITED STATES
Bringing Up the Position of Porto
Rico Was Taken Up Yesterday
and Will Be Continued
Today.

WASHINGTON, Dec. IL. In the United
States supreme court today argument
was begun in two cases, the decision CT
which is expected to fix the status OF
Porto REQ and the Philippine islands
and other insular possessions acquired
through the war with Spain with respect
to the United States proper: tc say
whether their people are citizens, and TO
indicate whether the constitution follows
the flag.
One of the cases is that of John H.
Goethe, who, in June, 1899, imported from
Porto Rico a quantity OF leaf tobacco
into the United Staces, through the port
of New York, AMI protested against the
assessment of duty on the Importation,
claiming that the tobacco was not sub
icct to duty, because Porto Rico, at the
time of the Importation, was not Tor
eign country, and because, therefore, the
imposition of duties on goods brought
from a place within the territory of the
United State into port Of the United
States is not lawful ana valid und3r the
constitution.
The collector of the port and the board
of general appraisers both ruled aga}Est
him, as did the United State; circtlt
court for the SOrth" Il district OF New
York, when Goethe took the case before
that tribunal 3'r0m the opinion Of that
court the Importer appealed to the Unit
ed states supreme court.
ONE FROM LLZ1T.
The other case is known as the -four
teen diamond ing case" In that suit
the claimant is one Man lei Feplle, who
served as a soldier of the United States
in Luzon, in tire Philippine islands. WhlIe
there he purchased or acquired 4hc rings
in question and brought them 1nto the
United States without paying duty upon
En-
tween July 81 and Sept. %. The rings
were seized On May Is. 1866, at Chicago,
by a United States customs officer as
merchandise and liable to duty, which
should have been invoiced, and was
fraudulently imported ami brought into
the United States, contrary to law. An
information for inc forfeiture of the
rings was filed or behalf OF tie govern
nent June !, 1201, to which the claimant
pleaded setting up that at the time he
acquired the property Luzon was a part
of the territory OF the United States,
and that the seizure was contrary to the
| claimants right rs a c!ti;cn Of the United
! States under the constitution, and par
| ticularly under section 9, Article ~,
| and he insisted that under Article J.,
| section s, congress- is reuuircd &c see
| that all taxes and duties shall be unil I'm
| through the United States. TO this plea
| the United States demurred. and uF0n
| hearing of the demurrer the district curt
| gave agreement for forfeiture. This the
claimant removed in the United States
| court by a writ CT error
The case of John Goethe VS.. the United
| States was taken up at $3.50 p. m. AT
torney General Griggs was present IL
behalf of the government and a number
| of prominent attorneys, including For
mer Secretary Carlisle, were interested
| listeners.
ARGUMENT FOR GOETHE.
Edward c. Perkins, of counsel fol
Goethe, asked that the Porto Rico cas-
and that involving the status of thu
Philippines be combined The attorne!
general assented to this, and it was ar
ranged that each side should have fiv'
hours The opening argument in behal
of Goetze was then begun by Everett
Brown of the counsel for the appellant
Mr. Brown rehearsed the main fea
lures of the cession of Porto Rico witt
the circumstances of the enactment Q
the tariff law of 1887, and the imposition
| of the duties on the goods of Goethe
The main contentious, he said, were tina
Porto Rico was not a foreign country
as contemplated by the tariff act, an
| that Porto Rico was within the Unite
States, so that an import duty agains
| the goods of Porto Rico would be i
violation of the constitutional provision
chat all duties, imposts and excuses
shall be uniform throughout the Unite
States"
Mr.. Brown remarked that the counse
who had opposed this view had main
tanned that Porto Rico was a part 0
the United States in a Pickwickia
sense. 1t was conceded, he said, tina
|, 1.-THE people of the United States consti
tuted an absolute and separate nation
| that the mower TO declare and carry a
war has been delegated by the peopl