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

petition for writs Of habeas corpus and
certiorarl we're hled in the supreme Court
OF the United States yesterday By Attorney
Frederic d. McKeuny. counsel FOR Ramon
Baez. The purpose al the petition is to
test the validity Of the United States Pro
Yisional Court Of Porto Rico which has
been set up by the American military au-
| thorities in that island.
Inc application for the writs states that
baez Is one OF thirty-two inhabitants OF
fcrto RICO who were prosecuted in the
! United States Provisional Court for the
Department OF Porto Rico for alleged frau
dulent voting at a municipal election held
, at the city Of Guyana. October 81. 1899
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 iH 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 Unltsd States aad
spain.
Attorney McKenny 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
being case arising in the land or naval
forces or Ia 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 we're open and
exercising their ordinary jurisdiction. and
therein he should have been tried II al all
He was and is deprived OF his liberty
without due process OF law
He did not 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 resident"
The petition recites that "the COnstitu-
ti0n 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
its territory As broad and long as that
territory may be or may become. the Con-
stitution with capacious folds ever envel-
ops 1t, and wheresoever the Constitution
doth prevail the Jurisdiction OF this Court
extends to prevent oppression and main
tain 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.