Evening star., 1900-12-18
OUTLYING GTERRITORY.
Durability Of Its Products Brought
Up in Supreme Court.
Case ARGUED BY ATTORNEY GENERAL
Exhaustive Discussion of the Con-
stitutionaI Questions.
MANY AUTHORITIES CITED

In the United States Supreme Court yes
terday argument begun in two cases,
the decision of which is expected to fix the
status of Porto Rico and the Philippine
Islands, and other insular possessions ac-
quired 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 that Of John H.
Goetze, who in June, 1S99 imported from
Porto Rico a quantity OF leaf tobacco into
the United States through the port Of New
York, and protested against the assessment
of duty on the importation, claiming that
the tobacco was not subject to duty because
Porto Rico at the time Of the importation
was not a foreign country, and because,
therefore, the imposition of duties on goods
brought from place within the territory
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
GoetZe took the case before that tribunal.
From the opinion of that court the import
er appealed to the United States Supreme
Court.
STATUS OF the Philippines.
The other case is known as the fourteen
diamond ring case.
In that suit the claimant is one Manuel
Repke. who served as soldier Of the
United States in Luzon, in the Philippines
While there he purchased or acquired the
rings In question and brought them into the
United States without paying duty upon
them, some time in the year 1899 between
July 81 and September %. The rings were
seized on May Is, 1890, at Chicago, by
United States customs officer as merchan-
disc liable to duty, which should have been
invoiced. and was fraudulently imported
and brought into the United States contrary
to law An information for the forfeiture
OF the rings was filed on behalf of the gov
ernment June l, 1900, to which the claim
ant 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 as citizen of the United States un-
der the Constitution, and particularly under
section ., article w thereof. and he in
sisted that under article /, section g. Con-
gress is required to that all taxes and
duties shall be uniform throughout the
United States. To this plea the United
States demurred, and upon hearing Of the
OF forfeiture for the government. This
Judgment the claimant removed into the
Supreme Court by writ Of error.
Case of the Appellants.
Attorney General Griggs was present in
behalf of the government, and a number
of prominent attorneys, including former
Secretary Carlisle, were interested listeners
Edward c. Perkins Of counsel for Goetz,
asked that the Porto Rico case and that
Involving the status of the Philippines be
combined. The Attorney General assented
to this, and 1t arranged that each
side should have five hours. The opening
argument in behalf of Goetz was then be-
gun by Evert Brown Of counsel for ap-
Dellant.
Mr.. Brown closed his brief Introductory
presentation of the case by referring to its
momentous character, which he and his
colleagues regarded the most profoundly
important that they had been called upon
to present.
Mr.. Perkins followed, taking up more
particularly the constitutional phases of
the case. He spoke of the grave and serious
interests involved, not only for the present,
but for all time in the future. 1t only
because of the extraordinary events which
the nation had participated in of late that
this case had arisen. Mr.. Perkins main
tanned that the Constitution was in effect
power of attorney and the question was
as to what were those powers. The prose-
cution Of the war to Porto Rico or else
where, or to the acquisition Of this or that
place, were all acts which must be brought
within the powers of the Constitution The
metaphor as to the Constitution following
the flag Mr. Perkins regarded as equiva-
lent to saying that mans shadow follow
ei him. The first constitutional point urged
by Mr. Perkins was that the claim OF
unlimited power in new territories is op-
posed to our entire theory Of constitution
al government"
large number of cases were cited to
show the attitude OF the United States
Supreme Court on analogous issues in the
past. An unbroken line Of decisions, it
was maintained. established that the pro-
hihitory clauses Of the Constitution apply
In the government of the territory Of the
United States. In one decision. as late as
last March. Mr.. Perkins states that JUS
tlce Harlan had held that the seventh
the right Of trial by jury, applies to ju-
d;cial proceedings in the territories.
The other chief points advanced in be-
half of the appellant were: THE treaty Of
Paris is not open to the construction that
1t provides for the governing Of Porto Rico
without regard to constitutional lmita tions
and as country foreign to the United
States. If it were possible to place that
construction upon the treaty the provision
would be void. as contrary to the Consti-
tuition, but this would not in any way pre-
vent or affect the accomplishment or the
usual results Of annexation
IF the tariff act imposes duty or tax
upon goods brought from Porto Rico to a
place elsewhere in the United States after
the annexation the imposition is void as
being in conflict with an expressed pro-
vision of the Constitution.
when the treaty Of Paris took effect
Porto Rico ceased to be a foreign coun-
as used in the tariff act"
Mr.. Perkins argument was in progress
when. at 4s0 pm. the court adjourned
until today. The five hours on each side
which the court has allowed will extend the
hearing through today and part Of next
day II all the time is occupied.
Government Side Presented.
In presenting the governments side Of the
controversy the Attorney General first
stated the two cases upon which the
proceedings are based. This was followed
by general explanation and summing up OF
the governments position, after which
came the citation of innumerable authori-
ties. under appropriate headings, with per-
tinent running comment upon them.
The Attorney General contended that the
United States has the power to acquire ter
ritory; that, having acquired it, 1t has the
right to govern it: that administration con-
struction, congressional action, and Judi
cial precedent affirm that every port in a
ceded country is properly regarded as for
eign until laws are extended by Congress to
the new possessions: that the clause of the