New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-18
A GREAT LEGAL BATTLE.
NSULAR TEST CASES IN THE
SUPREME COURT.
ARGUMENT BEGUN IN THE SUITS WHICH
ARE To DECIDE THE STATUS OF
NEW POSSESSIONS.
TBr TrLEoRAPH 10 rHE rRrnrNr.l

of the United States there was begun TODAY
a legal battle the possible results OF which are
generally regarded as OF more far reaching i'm
portance than anything pertaining TO the powers
Of the Government which the Court has been
called upon 10 decide since IL was confronted by
the uomentous questions that preceded the Civil
War. The case involves the right and power OF
the Government to levy discriminating tariff
duties on products brought into the country from
the recently acquired colonies, which were re-
ferred 10 by the advocates OF this contention
in the debate in Congress last spring on the
Porto Rican Tariff bin as outlying possessions
belonging 10 the United States" AS is well
known, il is in the spirit Of this definition that
the Administration desires TO treat the insular
possessions until Congress may see ft TO order
otherwise by legislative enactment. as provided
by the Treaty of Paris in the clause declaring
that the civil rights and political status OF the
native inhabitants of the territories hereby
oeded 10 the United States shall be determined
by Congress
WHAT THE CASES ARE
The title of the case the trial of which
begun to-day is John H. Goetze. doing business
under the firm name Of John H. Goetze & Co,
appellant. US. the United States. appellee"
Joined with this case is the one described in The
Tribune last Friday. aud entitled. Fourteen
diamond rings. Emil ]. Pepke, claimant. plain
tiff IN error VS.. the United States, defendant in
error" The principles involved in the two cases
are so closely related and each is supposed 10
reach so deeply into the merits Of the con-
tention that the Constitution follows the flag
that by agreement between the attorneys the
cases were Joined for trial. The GOetze case is
represented hy Edward c. Perkins and Everit
Brown of ,Ieyv-Yorl1, ana the Pepke by
Charles II. AIdrich. formerly SolicitOr-General
Of the United States. and Lawrence Harmon. OF
Chicago The Goetze case is the first on the
docket and consequently Its trial comes first.
Attorney-General Griggs. who is personally rep
reseuting the Government, prepared his answer
10 both cases in one brief which consists OF two
hundred closely. printed pages 1t is said that
in its preparation he called TO his aid some OF
the ahlest lawyers in the country, which shows
the intense interest felt by Mr. Griggs, as well
as all the other members Of the Administration
Behind these two cases are four or FIVE others OF
similar character which are represented by ex-
Secretary John G. Carlisle. and are set for trial
on January = Mr.. Carlisle was in the court
room to-day, and naturally was an interested
spectator.
A GREAT AUDIENCE IN COURT.
Seldom has larger or more intelligent audi
ence been seen in the Supreme Court room than
that asserrbled witness what probably viii
be the final struggle over the issue Of the Con-
stitution following the flag" The space reserved
for the lawyers was filled and the seats allotted
TO lay spectators were all taken early the
bailiffs turning scores OF people away from the
doors an hour or more before the Goetze case
was called That the members of the Court
Thoroughly alive 10 the general popular interest
attaching 10 the cases shown by the alert
ness that characterized their conduct when the
argument finally was begun. For three hours
the Justices had been listening to argument
in an Indian land claim from the West. -Four or
five Of them-notably Associate Justices Peck
ham. Shiras and White-seemed to be doing. as
is the wont of members Of the Court, when sud
denly, at $3.50 they Strengthened up at the
sound Of Chief Justice Fuller's voice announc-
ing the beginning OF the trial of the Goetze case
When the Chief Justice asked the lawyers how
much time they wanted for the presentation OF
their arguments Mr.. Brown asked for six hours
on each side. Attorney-General Griggs ex-
pressed the belief that he would not need so
much time that for the Governments side
STILL said the Attorney-General, there are
four against me- and maybe I would better ask
for all the time it may please the Court to
grant"
The Chief Justice then suggested that each
side ought 10 be able TO present its case thor
oughly in five hours. The ten hours thus al
lowed for argument viii consume two fun days
Of the Supreme Court, which sits only four hours
day. and viii lap over into another day. The
finished before Thursday afternoon
AN EARLY DECISION HOPED FOR.
AT what date the Court win render its de-
cision nobody. OF course, can tell. With such tre
mendous issues involved and such mass Of
arguments. citations etc. 10 deal with. it is con-
Eidered probable that the Court may not be able
10 reach a decision for month more. The
general hope is entertained, however. that
early decision may be handed down in order that
Congress can shape legislation for the Philip
pines and Porto Rico in accord with the Su-
preme Courts nrandate. STILL il the Government
wins the case il Is pointed out that there viii be
no occasion for Congress to revise any legis-
lation already enacted TO enact new legis-
lation.
Mr. Perkins followed Mr.. Brown in the argu-
ment OF the Goetze case this afternoon. and was
stopped abruptly by Chief Justice Fuller almost
IN the middle Of a sentence. The hour Of ad-
Journment 4:30. had arrived. and the Chief JUS
tce announced that important fact the very in
slant the minute hand Of the faithful old clock
indicated the time. Mr Perkins will resume
his argument Immediately after the Court re-
assemblies at noon tomorrow. Then Messrs.
Aldrich and Harmon win argue the companion
case, that Of Pepke, the discharged soldier, who
was arrested by customs officers at Chicago for
bringing into this country diamond rings from
the Philippines without paying the full duties
prescribed by the Dingley Tariff Law.
BASIS OF GoErZE's CLAIM.
The Goetze case was brought 10 the Supreme
Court on appeal from the United States Circuit
Court for the Southern District OF New-York
GJudge Townsend). Gostze brought merchan-
disc into the Port Of New York on June g. 1893.
from Porto Rico Under protest he paid the