, 1900-12-19
GR|GGS ARGUES
FIXING STATUS OF PORTO RICO
AND THE PHILIP
PINES.
Attorney Generals Plea-He Contends
That Our New InsuIer Posses
sions Do Not Come Under the
Constitution Without Action by
Congress.

Washington. Dec. 1S.-Argument
was resumed in the United States SUI
preme court today on two cases the
decision of which is expected TO FIX
the status of Porto Rico and the Phil
ippine islands and other insular pos
sessions acquired through the war
with Spain, with respect to the United
States proper; to say whether their
people are citizens and to indicate
whether the constitution follows the
flag.
One of the cases is hat of John II
Goethe, who in June. 1899, imported
from Porto Rico a quantity of leaf to-
bacco into the United States ana pro.
tested against the assessment of duty
on the importation, claiming that to-
bacco was not subject to duty because
Porto Rico. at the time of the impor-
tation was not a foreign country, and
because, therefore the imposition of
o. duties on goods brought from a
place place within the territory of the
United States into a port of the I'm
tied States is not lawful and valid I'M
der the constitution.
The collector of the port and he
general appraisers both ruled against
him, as did the United States CT ',uit
court for the southern district of New
York, when Goethe took the case be-
fore that tribunal. From the opinion
of hat court the importer appealed to
the United States supreme court.
Counsel for the plaintiffs concluded
their arguments yesterday.
Attorney Generals Plea.
Attorney General Griggs' plea today
was based upon a brief of 200 pages,
the greater part of which was devoted
to presenting the argument of the I'm
tied States while the remaining por-
ton is in the shape OF an appendis CIV
ing the text OF the peace treaty be-
tween the United States and Spain,
and also the text of other treaties sup
posed to zeal on the question.
In presenting the government side
OF the controversy the attorney eencr.
al first stated the two first cases aeon
which the proceeding is basel. This
was followed by Il general explanation
and summing up of the governments
position.
The attorney general commended
that the United States has the power
to acquire territory; that, having ac-
CURED 1t. 1t has the right to govern it;
that administrative construction, con-
gressional action and judicial p.ece-
dent affirm that every port in a coded
country is properly regarded as for
eign until laws are extended by con
gress to the new possessions: hat the
clause Of the constitution of the I'M
tied States declaring duties uniform
throughout the United States is not
applicable to new possessions Inc that
the constitution does not extend of its
own force over acquired territory.
wv iho " NhV io6ui oSBS't VI Nh'
case. he asserted that the Dingley act
applied to merchandise imported from
Porto Rico and the Philippines after
their cession to the United States the
same as it did before, and that in view
Of the fact that the tariff laws are in
rem there is no principle Of justice.
much less of constitutional restriction
which forbids congress from taxing in
this way the merchandise of outlying
possessions of the United States when
brought into the ports of the Union.
Taking up the constitutional ques-
ton, the attorney general declared
that there was no doubt that it was
the intention Of the Paris treaty not
to make the coded islands a part Of
the United States and also hat it was
intended not to make the inhabitants
of those islands citizens.