The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-12-19
CONSTITUTION is EVRR SUPREME
COVERS ALL TERRITORY UNDER
THE SOVEREIGNTY OF THE
COUNTRY
INTEREST IN GoETzE CASE
Shown by the Large Attendance to
Hear Arguments Thereon in
the Federal Supreme
Court.

WASHINGTON, Dec 1S.-Arguments in
the Porto Rico-Philippines cases, involv-
ing the status of those countries to the
United States were resumed in the United
States supreme court today.
The widespread interest in the cases
was shown by a large attendance of
= prominent members OF the bar and by q
crowd Of spectators which filed the pub
lie area. and overfiowed into the corri-
dor. Senators and representatives. in
congress who had taken part in the Porto
RicoP Philippine legislation, dropped in as
the arguments proceeded and gave atten-
tive ear to the proceedings. Prior to the
opening of the court the counsel con-
ferred and arranged a general plan of
procedure, by which Edward c. Perkins,
senior counsel in the Porto Rico case,
would conclude his argument today, be-
ing followed by Lawrence Harmon, coun-
sci in the Philippine case. The appellants
would then give way to Attorney General
Griggs for the presentation of the case
in behalf of the government. This it was
expected, would continue until tomorrow,
when Charles H. Aldrich former solicitor
general, and senior counsel in the Philip
pines case will close in behalf OF the ap-
pellants
MIR. Perkins summed up the arguments
for the appellant in part, as follows:
ABLE ARGUMENT FOR GOETZE.
'"The people of the United States in and
by the constitution, organized and erected
one and the same government, OF denned
limited powers for all people who might
inhabit Within the dominion of the nation.
The whole purpose and theory OF the
constitution is the establishment in
permanent form unalterable except by
the people themselves. of fundamental
principles of government applicable IN
all time and in every case. The power
to govern people inhabiting the territory
of the nation which is delegated by the
nation to congress is limited and de-
fined by the constitution and congress
cannot transcend the limits imposed
THE constitution limits the powers of
congress to impose taxation by the man-
date that all duties, impoStS and eXciSeS
shall be uniform throughout tie entire
domain of the United StateS.''
Mr.. Perkins said the appellants felt
that they had established that neither
the treaty of Paris nor the tariff act Of
1897, are violative of the constitutional
principles he had set forth, but that the
tariff act was in full force and effect
throughout the national domain as well
in Porto Rico and the Philippines as else
. where, and it did not contemplate q tax
upon goods transported from one part of
the national domain to another
FOURTEEN DIAMOND CASE.
Mr. Harmon, of counsel for appellant
in the Philippine case, followed Mr.
Perkins. He spoke i'll passionate tones
that at times rang through the court. Ee
spoke Of the high standing of the court
and said holy justice and right were
sure to prevail.
The case now presented involved prin-
ciples affecting the whole future of the
government.
Mr.. Harmon then stated the facts Of
the case. Emil G. Raphelle was a private
serving in the Philippines, where he
purchased sixteen diamond rings valued
at $500 to $1,000, brought them back to
atO fI,a
United States customs officials confiscat-'
ed the diamond rings on the ground that
they came from the Philippines, were
dutiable and had been snluggled into the
United States. The case now comes up to
the United States supreme court on the
appellants plea that the property was
not subject to customs duties, the Philip
pines being, as he contends, a part of
the United States.
The imposition of commerce duties
upon traffic between these islands and
parts of the United States after the
treaty of peace and exchange of ratifca-
tions by executive order is without au-
thority and the seizure of the property
of the plaintiff in errOr-a citizen of the
limited States, under such pretended au
thority, constituted an act of taking his
property without due process of law.
ATTORNEY GENERALS ARGUMENT.
Attorney General Griggs followed, pre-
sentng the governments case.
Mr.. Griggs' plea was based upon
brief of 2G0 pages, the greater part of
which is devoted to presenting the ar
gument of the United States, while the
remaining portion is in the shape of an
appendix; giving the text of the peace
treaty between the United States and
Spain and also the text of other treaties
supposed to bear upon the question.
The attorney general contended that
A. hos
quire territory; that having acquired it,
it has the right to govern it; that ad-
ministrative construction, congressional
action and judicial precedent affirm that
every port in a ceded country is property
regarded as foreign until laws are eX-
tended by congress to the new possess
sions; that the class of the constitu-
= tion of the United States, declaring du-
ties uniform throughout the United
States is not applicable to new posses
sions and that the constitution does not
extend of it's own force over conquered
territory
The attorney general argued for a
sharp delineation between the rights of
the peoples of the states and those Of
our immediate territories, saying that all
the authority of the United States is
. deprived from people of the. states and
Y not from those of the territories; that
., people of the territories cannot share
or contribute TO tnat authority, dS lney
are deprived of the right to elect Off
! cials, etc.
Justice Brewer inquired of the attor-
ney general soon after he began, if he
maintained Arizona and New Mexico
came into the same category with the
new possessions in the limitations which
could be placed upon them. Mr.. Griggs
said he would later consider how far the
territories in this country and those
bevond the sea rested upon the same
basis.
Mr. Griggs' argument was not conclud-
cd when. at 4:3O p. M, the court adjourn
ed until tomorrow.
pERTSHED IN FLAMES.