New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-19

sne csss, a se.Srst the Governments contention
JUSTICES ASK SHARP QUESTIONS
nprine one Of the Attorney-Generals m9s'
snreefui ana earnest periods Justice bre"e'
shruptly broke in upon him with his auesuoh,
Do ven classify Arizona. New-Mexieo and th'
crher territories with Porto FkieoE
Il 40 not" quickly replied Attorney -.
crsrrs. But 7 have covered that phsse OF u''
.,p,sc, carefully in another part Of my argu'
r,snt will take that up now II Your Honor
Ne YOU can continue along The line you o sTe
time sharply replied Justice Brewer, wne; py
the way has on more than one oeeason on eIns
bench expressed strong opposiuon 70 the Wv
ernments present colonial policy .-...,r,
Tusffce Harlan found occasion 20 lnteffuPe
the Acknowledgement with eSesS, Ion r,,stsce
Bradley in the famous Mormon case -.
do you think thar in that opinion 1usti 's
Bradley mesnt that Congress was emDo"eleu
10 restrict the personal rights Of citizens IN 'e
Territories" inquired Justice Harlan
I think So" promptly and laoonieally repheu
the Attorney General
Then" said Justice Harlan, as II ne"
thought had come 20 him logically 'ooulo con
gress establish titles Of nobility in Porto hleO
and the Phlippines?"
AS 70 that I don't know" answered NA''
enses.
A BREAK" ANrUsEs THE COURT
The Attorney-General provoked broad smile
on the always digniied and solemn faces OF the
Justices by a peculiar little historical mlstahe'
ne was discussing the foundation OF the Gov
eminent and spoke OF the founders OF the ne
public as revolutionary agitators Among
chose who he said. had TO DO with the making
Of the Constitution were Samuel Adams Gus
-snd-and" haltingiy declared Mr.. GTiggs'
Henry Clay At this the Court appeared hrst
20 he shocked and then amused. Cher Jusuee
Fuller faced Justice Harlan on his right ana
smiled. Justice Harlan chuckled almost audioiy'
Justice Whites chubby countenance oeameo
with delight. Justice Gray rested ms aeao on
his hands and shook with merriment Even
Justices Brown and Peekhsm, who seldom SMILE
seemed momentarly on the verge OF collapse
Justice Brewer apparently made no effort TO
conceal his nnerriment Justice MeKenna was
the only one who did not seem 10 be immensely
amused and obviously the reason was that ne
had not heard the ACKNOWLEDGEMENTS "preak
in attributing TO Henry Clay part authorship OF
the Constitution. Justice Mchenna hhanIlestlS y
was anxious 10 learn the cause OF the unnsual
spectacle OF his grave associates Laughing on
the bench during the progress OF tTlaL Aho
one of the most notable features OF the lncloehI
was that Attorney-General Griggs did not APP
pear 10 observe that the Justices were laughing
so engrossed was he with his subject
GREAT INTEREST IN THE CASES.
The crowd in the courtroom to-day was not
only quite as large as that Of the day before.
but il was also much more distinguished as
TO personnel Nearly every well known local
member Of the Supreme Court bar listened with
the greatest interest all day 10 the arguments,
and the attendance OF the members OF DOM
branches OF Congress, representing all polltleal
parties was large. Senator Spooner. Of Wis
cousin who was one Of The leaders on the Gov
enments side in the great debate OF the
questions at the last session Of the Senate that
being fought cut in the tribunal OF
last caught that uttered
by both sides. His colleague. Senator Quarles,
also was in the Supreme Court chamber nearly
al day, as also Senator Burrows. OF Mich
igan. The advocates Of the doctrine that the
Constitution follows the flag" were represented
by Senator Culberson, Of Texas; Senator Bacon.
OF Georgia, and the newly made Senator Towne,
Of Minnesota. All Of the Senatorial visitors
made elaborate notes Of both sides of the argu-
ment-that is they followed Mr.. Perkins Tor
the appellants about as closely as they followed
Attorney-Genersi GF4sgs fers the Government
The Attorney General has nearly four hours OF
his time yet remaining aIf he takes il all he
VIII consume nearly the entire session Of the
Court to-moTE p IRsEe is some doubt thai tl he
brief is so thorough and comprehensive that he
may conclude 10 cut short his speech tomorrow
in order to expedite the trial 10 that extent. Il
he does this the arguments viii be closed to-
lants.
Properly speaking. Mr. Aldrich represents
Pepke only Pepke is the discharged soldier OF
North Dakota who brought fourteen diamond
rings back from the Philippines, paid no duty
on Them when he landed at San Francisco
where ne was mustered out Of the Army in Sep
temoer, 1898. and afterward arrested by
the Gus ons authorities al Chica go a snug
gier In the United States District Court for
The Northern District Of Illinois he sued for the
recovery OF his Jewelry. and the Court there or
deTed the forfeiture and sale OF the property
some lawyers contend that the Pepke case pro-
Nloes a more clearcut test case Of the cOnstitu-
flonal questions involved than any Of the other
similar cases hat have reached the Supreme
Court For this reason they regret that the
Court saw NJ 10 join il with the Goetze case.
which they fear contains certain technical feat
ureS that may prevent the Court from getting at
the real merits OF the contention and rendering
ITS decision accordingly.
OTHER CASES TO COME Up LATER.
There are phases of the cases represented by
WIZ begin January on the reassembling OF the
Court after the holiday recess, which are both
tarcra bic and unfavorable 10 a more thorough
vowed than those now On trial. In the Carlisle
cases there is said to be a possible question of
jurisdiction which may cause the Supreme Court
10 send them az once 10 the Court OF Claims In
ms event, Of course, the Supreme Court would
not be called upon 10 touch upon any Of the
Fought out in the Supreme Court II is considered
possible 10 Develop more important points than
POSSIBLY viii be embraced in the Courts decision
IN either tn Goethe or Pepke case, by reason Of
the fact that Mr.. Cerlisle's clients paid the tariff
duties levied on Porto Rico by an enactment Of
the last session Of Congress. No legislation had
been enacted by Congress for either Porto Rico
or The Philippines when Goethe an6 Pepke got
;nto trouble with the customs laws. Thus in the
Carlisle cases the question Of the constitutional
power of Congress 10 ley discriminating taxes
and clearly