The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-12-18
PORTO RICO CASE UP
Constitution aud Flag" Argued
in Supreme Court.
TARIFF IS INVOLVED
PHILIPPINE ISSUE TO BE DE-
CIDED AT SAFE TIME.

Washington, Dec. lin the United
States supreme court argument was
begun today in two cases, the decision
of which is expected to TX the status
Of Porto Rico and the Philippine
islands and other insular possessions
acquired through the war with Spain.
with respect to the, United States
proper; to say where their people are
citizens, and indicate whether the con-
stitution follows the flag,
One of the cases Is that of John F.
Goetz, who. in June, 1899, imported from
Porto Rico a quantity of leaf tobacco
into the United States through the port
of New York, and protested against
assessment of duty on the importation,
claiming that the tobacco was not sub
ject to duty, because Porto Rico, at
the time Of the Importation, was not
a foreign country, and because there
fore, the imposition of duties on goods
brought from place within the terri
tory of the United States into a port of
the United states is not lawful and
valid under the constitution"
The collector of the port and the
board of general appraisers both ruled
against him, as did the United States
circuit court for the southern district
Of New York, when Goetz took the
case before that tribunal From the
opinion Of the court, the importer ap-
pealed to the United States supreme
court.
Other Case Involves Diamonds.
The other case is known as the -four
teen diamond rings" case. In that suit
the claimant is one Manuel Pepke, who
served as a soldier Of the United States
in Luzon, Philippine islands. While
there he purchased or acquired the
rings in question and brought them to
the United States without paying duty
on them some time in the year 1899,
between July 81 and Sept. 25. The rings
were seized on May Is, 1900, at Chicago,
by United States customs officer as
merchandise liable to duty, which
should have been invoiced, and which
were frauduIently imported into the
United States contrary to the law. IN
formation for the forfeiture of the rings
was filed on behalf of the government
June l, 1900, to which the claimant
pleaded, setting forth that at the time
he acquired the property Luzon was
part Of the territory of the United
States, and that the seizure was con-
trary to the claimants rights as a citi-
zen of the United states under the con-
stitutiOn. and particularly under sec
ton ?, article ~ thereof, and he IN
sisted that under article I, section ),
|
taxes and duties shall be uniform
throughout the United States To this
plea the United States demurred, and,
upon hearing of the demurrer, the dis
| trict court gave judgment OF forfeiture
! for the government. This judgment
the claimant removed into the supreme
court by a writ of error.
Two Cases Are Combined.
| The Goetz case was taken up at $3.50
/ p. m. Attorney General GTiggs was
| present in behalf of the government,
! and a number Of prominent attorneys,
| including former Secretary Carlisle,
were interested listeners.
| Edward G. Perkins, counsel for GoetZ,
! asked that the Porto Rico case and that
| involving the status Of the Philippines
| be combined. The attorney general as
| sented TO this. and it was arranged that
| each side should have five hours. The
| opening argument in behalf of GOetZ
/ was then begun by Mr.. Brown. follow
| ed by Mr.. Perkins in behalf of the ep-
pellant.
Mr.. Perkins argument was in prog
ress when, at 4:S0 p. m, the court ad-
/ jOurned until tomorrow, when Mr.. Per
| kins viii continue, and the other cOun-
sci viii be heard. The five hours on
| each side which the court has allowed
| will extend the hearing through tomOr-
| row and part of next day, IL all the
J time is occupied.
Other Gases Coming Up.
Chief Justice Fuller today advanced
| a number of other cases involving the
| relation between the United States and
Porto Rico. so as to be heard with the
De Lima case, in which this question
is at issue. The De Lima case is set
| for Jan. Z, and viii be argued by for
| uer Secretary Carlisle. Il was at his
| instance three Of the cases were today
advanced. Two of the cases so ad-
| vanced are in the name of DoOley
Smith & Co., and both come from the
circuit court for the southern district
of New York. In one case the action is
brought to recover money eXacteo
from them at Porto Rico as customs
duties on merchandise taken from New
York to Porto Rico between the date
of ratification of the Paris treaty and
the date Of the enactment Of the Porte
/ Rican civil government act. In the
! other case the duties were collected
after the Porto Rican law was enacted
| A third case is that of Carlos Arm
I strong. coming from the court of claims
and also involving the same genera
question. and still another. that o.
Samuel 3. Downs. IN the last named
case Frederick Coudert, jr., appears az
| counsel.