Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-12-19
TO SETTLE STATUS.
Porto Rico-PhiIippine Cases in
Supreme Court.
Large Attendance Of Prominent Peo-
pie to Hear the Arguments
In Cases Which Will Settle Standing Of Our
New Possessions.

Washington, Dec. lS.-Arguments in
the Porto Philippines cases, in
volving the status of those countries
by the United States We're resumed in
the United States supreme court, today.
The widespread interest in the cases
was shown by large attendance of
prominent members of the bar and a
crowd of spectators which filled the
public arena and overfiowed into the
corridor Senators and representatives
in Congress who had taken part in the
Porto Philippine legislation
dropped in as the arguments proceed
ed and gave attentive ear to the pro-
ceedngs.
Prior to the opening of the court the
counsel conferred and arranged a gen.
eral plan for procedure, by which Ed
ward G. Perkins, senior counsel in the
Porto Rico case, would conclude his
argument, today. being followed by
Lawrence Harmon. counsel 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 Fl. Aid
rich. former solicitor general and senior
counsel in the Philippines case will
close in behalf of the appellants.
Mr.. Perkins on resuming his argu-
ment which began, yesterday. took up
the bred Scott and other cases to the
extension Of the constitution over ter
ritory.
Soon after Mr.. Perkins began Justice
BROWN mt tn
whether Mr.. Perkins had examined the
more recent case relating 10 the ex-
tension Of the constitution to territories
and also whether he had examined
those sections of the United States
wherein Congress extended the con-
stitution to certain territories. Mr..
Perkins said he had examined both of
these branches and he hoped to be able
to present some answers to the con
tentions made as to them.
After examining numerous cases Mr..
Perkins said that the doctrine that the
constitution did not extend to the ter
ritories was based on the idea that the
constitution was substance, sort Of
chattel. which could be moved about
here and there as Congress saw fit.
rather than something bequeathed to
US by our ancestors. 1t was conten-
ton that the constitution could not
get into a territory unless Congress
placed it there. He denied that the con-
stitution in itself extended to the ter
ritories by declaring that it was an
inanimate substance lacking the pow
ers of locomotion.
At this point Justice White asked 4
series Of pointed questions OF Mr.. Per-
kins.
Justice White asked If Mr.. Perkins
contention would lead him to the con-
clusion that Immediately upon the
making Of a treaty ceding territory to
the United States. every person born
in that territory after the date of ces-'
sion because ipso jure citizen of the
United States.
Mr.. Perkins answered in the affirm
alive. saying that if his contention was
correct those born in the territory af-
ter the cession were citizens If they
were civilized and not in the position
CT our Indians.
Justice White asked what authority
there was for excluding Indians. He
pointed out that the distinction be-
tween the American Indian and the
citizen anti dated the constitution. He
again propounded the query of citizen
ship following Immediately on the con
clusion Of a cession of territory
Mr. Perkins answered that un-
doubtedly persons born in the territory
after the cession and subjected TO the
Jurisdiction of the United States were
citizens Of the United States.
Justice White suggested that in this
answer under the jurisdiction Of the
United States" stated out OF the ques
ton the very contention which was be-
ing made in these cases.
Mr.. Perkins said the limitations Of
his answer was intended TO cover such
special circumstances relating to In
dams and unciviized persons which
had been referred to.
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