The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-27
THE STATUS OF PORTO RICO.
\ Case Involving the Application of
the COuxtitutfon

petition for writs Of habeas corpus and
certiorari were filed in the Supreme Court
OF the United States yesterday by Attorney
Frederic ID. McKenny, counsel for Ramon
baez. The purpose Of the petition Is to
test the validity OF the United States Pro
Visional Court of Porto Rico. which has
oeeh set up by the American military au-
thorities in that island.
ne application for the writs states that
naez Is one OF thirty-two Inhabitants OF
fofto Rico who were prosecuted in the
United States Provisional Court for the
Department OF Porto Rico for alleged frau
duIent voting at municipal election held
at the city of Guayama. October 81. 1890.
under the authority and orders of the Mill.
tary Governor commanding the United
States forces in said island
The information upon which they were
tried and convicted charged them with
having paid taxes In order to secure the
right to vote, when. In fact they were not
taxpayers" Said court was and is COM
posed OF one law Judge. an American law
yer, and two military officers of the Fifth
United States Cavalry. stationed In said
island and designated and created by the
Military Governor Of Porto Rico subse-
quent to the ratification OF the Treaty OF
Peace between the United States and
Spain.
Attorney MeEenny takes the position
that the provisional court was without
jurisdiction to try and convict the pris-
oner, saying: He was held TO answer for
an Infamous crime and was convicted
thereof. and Is now restrained Of his liberty
and confined at hard labor without a pre-
sentiment or indictment OF a grand Jury
previously returned against him-this not
Deing case arising in the land or naval
forces or In the militia In actual service
either IN time Of war or public danger The
ordinary civil courts of the territory
wherein he was a resident were open and
exercising their ordinary Jurisdiction and
therein he should have been tried. II at all.
He was and is deprived OF his liberty
without due process OF law.
He did Eot enjoy the right TO a trial by
an impartial jury of the district wherein
the crime was committed
He was tried and convicted OF an Of
fence unknown to the law OF the land
wherein he was resi- 1t.'
The petition recites that 9TH. Constitu-
ton of the United States is the supreme
law OF the land-of that land which COM
prehends Territories as well as States
Territories outlying and newly acquired
as well as those of older acquisition and
of more near approach. The sovereignty
OF the United States is coextensive with
It's territory As broad and long as that
territory may be or may become. the Con-
stitution with capacious folds ever envel-
ops II, and wheresoever the Constitution
doth prevail the Jurisdiction II this Court
extends TO prevent oppression and main
ti-in the guarantees OF personal rights.
liberties. and immunities against the exer-
else of despotic power"
The petition was taken under Amusement
by the Court.
The decision as to whether the writs
prayed for shall issue or be denied will
reveal the position Of the Supreme Court
on the question of the application Of the
Constitution of the United States to Porto
Rico.