Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-18
THRONG IN SUPREME COURT
WIDESPREAD INTEREST IN THE
CASES BEING ARGUED.
Members of Congress Interested in
Porto RfcO-Phf1fppfne LeEfslatfOn
Among the Spectators.

The widespread interest in the Porto Rico
and Philippine cases In the Supreme
Court was shown today by large
attendance of prominent members of
the bar and by crowd of specta-
tcrs which filed the public area and over
flowed into the corridor. Senators and
representatives in Congress VINO had taken
part in the Porto Rico-Philippine legisla-
ton dropped in the arguments proceed
ed and gave attentive ear to the proceed
ings. Prior to the opening of the court the
counsel conferred and arrange a general
plan of procedure. by which Edward C.
Perkins, senior counsel in the Porto Rico
case, would conclude his argument today.
being followed by Lawrence Harmon, coun-
sci in the Philippine case. The appellants
would then give way to Attorney General
Griggs for the presentation of the case IN
behalf of the government. This, 1t was
eAI ected, would continue until tomorrow,
when Charles H. Aldrich, former solicitor
general and and senior counsel in the Fhil-
ippines case. will close in benalf OF the
appellants.
Mr. Perkins, on resuming his argument,
took up the Dred Scott and other cases
relating to the extension of the Constitu-
ton over territory.
Soon after Mr.. Perkins began Justice
Brown interposed an inquiry as to whether
Mr.. Perkins had examined the most re-
cent cases relating to the extension OF
the CONSTITUTION TO leTTltOIieS anu 6tiSo
whether he had examined those sections
of the United States statutes wherein Con-
gress extended the Constitution to Ger,
tain territories. Mr.. Perkins said he had
examined both Of those branches, and he
hoped to be able to present answers to the
contentious made as to them.
Discussing the Constitution.
After examining numerous cases Mr. Per
kins said that the doctrine that the Consti-
tuition did not extend to the territories was
based on the idea that the Constitution was
a substance, sort of chattel, which could
be moved about here and there as Congress
saw fit, rather than something bequeathed
to us by our ancestors. 1t was, he SAID,
sort of "transsubstantiation of the Consu-
tuition" 1t was contention that the Con-
stituton could not get into territory un-
less Congress placed 1t there. He denied
that the Constitution in itself extended to
the territories by declaring that 1t was an
inanimate substance, lacking the powers OF
locomOtion.
At this point Justice White asked series
of pointed questions of Mr. Perkins.
The Justice first asked If Mr.. Perkins
contention would lead him to the conclu-
sion that Immediately upon the making OF
treaty ceding territory to the United
States every person born in that territory
after the date of cession became ipso jure
a citizen of the United States.
Mr.. Perkins answered In the affirmative,
saying that if his contention was correct
those born in the territory after the cession
were citizens, If they were civilized and
not in the position of our Indians.
Justice White asked what authority there
was for excluding Indians. He pointed out
that the distinction between the American
Indian and the citizen antedated the Con-
stitution. He again propounded the query
to citizenship following Immediately on the
conclusion of cession of territory.
Mr. Perkins answered that undoubtedly
persons born in the territory after the ces-
sion and subject to the jurisdiction of the
United States were citizens of the United
States.
Justice White suggested that in this an
swer under the jurisdiction of the United
States stated out of the question the
very contention which was being made in
these cases.
Mr. Perkins said the limitation of his an
swer was intended to cover such special
circumstances, relating to Indians and un-
civilized persons, which has been referred
to.
Continuing his argument Mr.. Perkins cit
ed many other authorities supporting his
view, that the Constitution in Itself eX-
tended to territories.
Mr.. Harmon's Impassioned Appeal.
Mr. Harmon of counsel for appellant in
the Philippine case followed Mr.. Perkins.
speaking at times in impassioned tones,
which rang through the chamber He
spoke of the august character Of the court
and the sentiment that on this holy
ground justice and right certain to
prevail. The proposition now presented,
snail in itself involved results affecting
the entire future of the government.
He was speaking when, at clock. the
ccurt took it's usual midday recess.