The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-11-12

Case No. $40, being that of John h
Goeze & Co, importers OF New York,
against the United States. and case No.
as, being styled Fourteen Diamond Rings,
against the United States, we're reassigned
on the calendar of the Supreme Court to-
day. so that argument in both cases may
be heard on December II.
The case of Goeze & Co. is suit
against the legality of the collection of
tariff duties on goods shipped from Porto
Rico TO New York between the time of
the ratification of the Treaty Of Peace be-
tween the United States and Spain ana
the approval CT the act for the government
Of Porto Rico. Argument in this case was
set for today, and in the other case it
was set for July I Because OF the cog
nate questions involved in these two cases
the first was postponed and the second ad-
vanced 10 December II
IN the Supreme Court this afternoon, At
lorney General Griggs offered motion that
the Goeze case be postponed until January
:, to the end that it might be grouped
with the Diamond case and other cases in
yolving similar questions which are now
pending in circuit courts of the United
counsel for plaintiffs and Of the Depart
ment CT Justice, he said, to so advance in
those courts that they might come to the
Supreme Court by the date named. Mr.
Griggs said that he offered the motion not
because the Government wes not ready to
proceed TO argument, should the court so
rule, but merely % subSeTTe the conYen-
ience Of the Government OF the United
States, the plaintiffs 1eing agreeable ne
thought to the proposition. He explained
briefly the questions involved IN the Goeze
and the Diamond cases, the first named
dealing with the legality Of customs dues
levied on merchandise from Porto Rico ard
the last-named case dealing with the le-
galiJy Of dues levied on goods brought into
the United States from the Philippines
Edward c. Perkins, OF counsel for Goeze
& Co, contended that inconvenience would
be caused to counsesi N his case by
poStpCnement until January 4 and he ask
ed that the case might come on to hear
ing on December 3. Iohn G. Carlisle who
was referred TO By Attorney General
Griggs as counsel in several of the cases
pending in the circuit courts could give
no assurance to the Supreme Court that
these cases would be ready Tor argument
before that tribunal on January Z
After conference between the justices.
the Chief Justice announced that the
GeoZe and the Diamond cases would be
reassigned on the calendar and that ar
gument might be heard on December II
The GoeZe case is an appeal from a de-
cision of the Circuit Court of the United
States fer the southern district of New
York affirming a decision of the Board
of United General Appraisers, which
oyerruled the appellants protest and af-
fiTTned the decision of the Collector of the
port of New York, assessing duty Und=r
The tariff act of 1857 upon merchandise
shipped from the port of Aracibo, in the
Island of Porto Rico. On May p, 1898, and
brought into the port OF New York on
june 6. 1888.
The Treaty Of Paris was signed on De-
cember 16. 1898 Porto Rico was then in the
military occupation OF the United States,
the Spanish forces having been Withdrawn
in accordance with the peace preliminaries.
The treaty was confirmed by the Senate on
February 6, 1899, and the ratifcations were
exchanged and the Treaty was proclaimed
On April IL 1899. By Article II Of the
Treaty Spain cedes TO the United States
the island OF Porto Rico By article TX
after provision for the right Of Spanish
subjects. natives Of the Peninsula to re-
tain their nationality if they so elect, 1t
IS declared that the civil rights and po-
lticaI status of the native inhabitants of
the territories hereby ceded to the United
States shall be determined by Congress-
The Tariff act of July q, 1897, imposes
duties only upon articles imported from
foreign countries"
The appellants claim to a return of the
payment exacted from him by the Col
1ector rests upon TWO propositions of law,
one depending upon the Tariff act and the
other upon the Constitution. They are:
i That Porto Rico, when the aDeI-
lant's goods were brought thence to New
York was not a foreign country, so that
they were not within the purview Of the
Tariff act
- That Porto Rico. at that time, was
within the United States. so that if the
tariff were to be construed as imposing
tax upon merchandise so circurast tanced
the imposition violated the provision of
Section S of Article of the Constitution
that .'all duties, imposts. and excises
shall be uniform throughout the United
States.' ~
The Board of Appraisers held that
while Porto Rico was unquestionably a
part of the United States in the sense
it was owned by this Government and was
completely under its sovereignty it was
foreign to the United States for fiscal or
tariff purposes because ii had not been
brought uader the domain of the nation
by special legislative action by Congress
They. considered that 1t followed from this
that taxes ought to be collected under the
authority of an act of Congress without
regard to the constitutional prescription
OF uniformity, and that such a question
was essentially different from that which
would have been presented if Congress
had undertaken TO pass laws for the GOV
ernment Of this newly acquired territory"
and had passed Tariff act extending over
the island. with rates Of duty different
from those imposed by the general tariff
laws applicable to other parts of the
country" and upon the eenstitutionaIity
OF such action on the part Of Congress
they expressly declined TO pass.
This case strikes at the legality of the
existing tariff levied upon products from
that island, ana seeks 10 affirm the doctrine
that Porto Rico is by eession an integral
portion Of the United States
In eyery= case affecting Porto Rico SO far
brought the courts have avoided an ,oDiu-
len on the essential question involved hut
lawyers OF high standing believe that in
The present action 5ke vital question can
not be set aside.
One Of the TSasons, 1t IS said. WHY the
Attorney GeHe raj moved for a postpone nenent
until January !, is that such postponemenf
would carry tbs case along until Congress
shaft have been in session for a month
which time there may be some c-vstaIIiza-
ton o. the peiicy with respect 10 the new
possessions of the United States.
There is possibility that free trade
ray be established between the United
States and Porto Rico without the inter
Frank LibI.ey & Co. have lowered
lurnber rrices Sav snoriu0 o,.lv 81 y ra- 100