The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-12-20
THE POWERS OF CONGRESS-
No Government of Territories Save
Under the Constitution.
Closing Argument by Mr. AIdrieh ia
the Porte Rice and Philip
pines Test Cases.

The closing argument in the Porto r CO
and the Philippines cases was delivered in
thu Supreme Court this afternoon ty
Charles H. AIdFich, OF counsel for Emil
j. Pepke. who claims fourteen diamond
rings which were seized by the collector
OF customs at Chicago AS on yesterday
the courtroom was crowded, nearly every
chair reserved fog members of the bar
being occupied.
Mr. AIdricn did not follow his printed
brief, as most Of his points had been
covered IN the opening argument by his
associate counseI, Lawrence Harmon. lie
confined himself chiefly to coutroyerting
the points raised yesterday by the At
,orney General which, he said, had lit
tie or no bearing on the case at Issue
Congress had presumed TO govern Terri
/ tories, he said. but only II accordance
E.ith the Constitution. The Attorney
General had conceded that there were
some things which Congress could not
de-
Mr. AIdrich then proceeded to give a
resume Of the history leading up to the
corporation OF the colonies. Parliament
he said, had asserted that it had power 10
lsgislate for any outside territory whatso-
ever The colonies. he said, had some
friends in the British Parliament who re-
sisted that power and out of this attempt
sprang up our present Government.
Mr. AIdrich said that throughout the
history of the formation of our Govern
ment not a word OF syllable could be found
to Justify the President or Congress TO
govern colonies. 1t was the purpose of the
trainers of the Constitution, he said, to
form a Government of limited power. The
Attorney General. in his brief, he said,
had laid great stress on the power of
II F-r ]
gave Congress more power than that
claimed by the British Parliament.
Referring to the Louisiana Purchase, he
said Mr. jefferson, no doubt, thought he
was doing an unconstitutional act and that
to bring Louisiana into the Union would
require az amendment TO the Constitution.
His reason for commenting on the Louis
lana Purchase, he said, was because that
subject formed nearly two-thirds OF the
Attorney Generals brief.
Mr. Aldrich commented on the Florida
case and pointed out that it was held by
the court that after Florida was added
to the United States the tariff laws did
not apply to goods shipped to and from
the Territory of Florida to other parts OF
the United States. He referred to the
Jackson incident, dwelt al length on by
the Attorney General, and stated that
Jacksa,4 never believed that he was free
while acting as Military Governor OF
Florida. President Mckinley said MI
AIdTieh, in his first annual message after
the declara ton Of peace said it was our
plain duty to give free trade to Porto
Rico. thus recognizing the principle in
Folved.
Mr. Aidrich stated the court had held
that after the cession of territory it be-
came part of the United States. He also
81 -
ing applicable TO the case at issue. He
gave a history OF the internal revenue
laws which did away with the contention
of the Attorney General that the Internal
Revenue laws did not extend to Terrific
ries. At the conclusion. of his argument
Lawyer Perkins of counsel for Pepke.
was granted ten days in which to file an
additional brief. and the Attorney General
was given the same time to file an ans
Wer