The age-herald., 1900-12-19
Griggs Argues That Constitution
 Does Not Follow Flag
GOVERNMENTS FUTURE AT STAKE
Islands Should Be Governed By ! Congress and are Subject to
 Tariff Duties.

Washington, December 1S.-The case of John H. Goetz vs. the United States involv- ing the status of Porto Rico was taken up in the United States Supreme Court yester- day at 3:30 D. m. Attorney-General Griggs was present in behalf of the government, and a number of prominent attorneys. in- cluding former Secretary of the Treasury Carlisle were interested listeners.
 Edward c. Perkins, of counsel for Goetz, asked that the Porto Rico case and that involving the status of the Philippines be combined. The attorney-general assented to this, and it was arranged that each side should have five hours. The opening argu- ment in behalf of Goetz was then begun by Everitt Brown, counsel for appellant
 The argument of Attorney General Griggs was presented this morning, and his plea was based upon a brief of two hundred pages, the greater part of which is de- voted to presenting the argument of the United States, while the remaining portion is in the shape of an appendix giving the text of other treaties supposed to bear up- on the question.
 The widespread interest in the cases was shown today by the large attendance of prominent members of the bar and by crowd of spectators which filled the public area and overhowed into the corridors. Senators and Representatives in Congress who had taken part in the Porto Rico-Phil- ippine legislation dropped in as the argu- ment proceeded, and gave attentive ear to the proceedings. .-
 The Arrangement.
 Prior to the opening of the court the counsel conferred and arranged general plan of procedure, by which MT. Perkins, senior counsel in the Porto Rico case, would conclude his argument today, being fol- lowed by Lawrence Harmon, counsel 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. Tomorrow Charles H. All drich, former solicitor-general and senior counsel in the Philippine case, will close in behalf of the appellants.
 MT. Perkins, resuming his argument, took up the Dred Scott and other cases re- lating to the extension of the constitution over territory. Soon after MT. Perkins be- gan Justice Brown interposed an inquiry as to whether MT. Perkins had examined the most recent cases relating to the ex- tension of the constitution to territories and also whether he had examined those sec tions of the United States statutes wherein Congress extended the constitution to cer- tain territories. MT Perkins said he had examined both of those branches, and he hoped to be able 10 present answers to the contention made to them.
 MT. Perkins summed up the arguments for the appellant in part as follows:
 MT. Perkins Argument.
 ''The people of the United States in and by the constitution, organized and erected one and the same government, of defined and limited powers for all people who might inhabit within the dominion of the nation. The whole purpose and theory of the constitution is the establishment in permanent form, unalterable except by the people themselves, of fundamental princi- 9ies of government applicable in all time and in every place.
 ''The power to govern the people inhab- iting the territory of the nation, which is delegated by the constitution to Congress, is limited and defined by the constitution, and Congress cannot transcend the limits imposed.
 ''The constitution limits the powers of Congress to impose taxation by the man. date, all duties, imposts and excises shall be uniform throughout the entire domain of the United States"
 When counsel referred at one point to the need of applying general constitutional principles to the new domain instead of considering mere commercial or practical features Justice Brown asked if the court could not consider the practical effect of extending to the Philippines the require ment for trial by jury in every case.
 MT. HferklDS Salu that II tHe constitution provided that trial by jury should not be withheld he doubted whether the court would consider the practical inconven- fences of giving that right to partiular To- calties
 MT. Harmon's Argument.
 MT. Harmon, of cousel for appellant in the Philippine cases, followed MT. Per- kins.
 Speaking at times in impassionate tones he said the proposition presented, small in itself, involved results affecting the entire future of thls government.
 He directed the early part of his argu- ment to setting forth the fundamental principles of equality which had been enunciated by the declaration of independ- ence.
 The chief points urged in his arguments were: a
 Being a part of the United States" he said, "the Philippine Islands are subject 10 the provisions of clause l. section S. article l. and of clauses and S. section g. article of the constitution of the United States And as there is nothing differently stipulated in the treaty with respect to commerce. it became instantly bound and privileged by the laws which Congress had passed to raise a revenue from duties on imports and tonnage.
 'The President of the United States has DO legislative power. The imposition of custom duties upon commerce between these islands and other parts of the-United States, after the treaty of peace and ex-