The times. [volume] (Richmond, Va.) 1890-1903, 1900-12-19
imposition of Duties by Executive
Order is Without Lawful Authority
ATTORNEY GENERAL REPLIED.
Sir. Grisgs Contended That Every
Port in Ccded Country Is Foreign
Unit! Laws Are Extended 10 it
byact of Con .rcss, and That
Clause Of Constitution
Is inappiicablc.
(By Associated Prcss.)

ttsy Associated ITtsss.J
WASHINGTON, Dec. 1S.-Arguments in
the Porto Raco-Phiippines cases, invoiv-
ing the status of#hose countries to the
United States, We're resumed in the United
States Supreme Court to-day.
Mr.. Perkins, Of counsel for appellants,
denied that the Constitution in itself e2-
tended TO the Territories by declaring that
it was an inanimate substance. lacking
The powers Of locomotion.
Justice White asked if Mr.. Perkins con-
tertson would lead him to the conclusion
that Immediately upon The making of a
treaty ceding territory to the United
States every person born in that territory
after the date Of cession became q citizen
OF the United States.
Mr. Perkins answered that undoubtedly
persons born in the territory after the
cession ard subject to the jurisdiction of
the United States We're citizens of the
United States.
Mr. Perkins said the limitation of his
answer was intended to cover special cir
,,ums1ances relating to Indians and unciv-
ilized persons
LIMITED POWERS
The people of the United States in and
by the Constitution. MIR. Perkins con-
Guided, organized ana erected one and
the same Government, of defined and lin
ited powers, for all people who might in
habit within the dominion Of the nation
The whole purpose and theory OF the Con-
stjrution is the establishment in d perlna-
1lent form. unalterabe except by the Peo-
nj. themselves. of fundamental principles
~, Government. applicable IN ali time and
in every place,
..The poyvel to govern the people inhao-
iting The territory of the nation, "Lleh -
delegated by the Constitution TO congress-
is limited and defined by the Constitution
and Congress cannot transcend tiie 4iii'i'9
imposed.
..The Constitution limits the powers CT
Congress, 10 impose taxation by the mail
date that all duties. impost and eXcises
shall be uniform throughout the entlre
domain Of the United States.
MI Hartman, Of counsel for appellant IN
the Philippine case, argued;
..B,- the treaty of peace between the
1-nir.l states and Spain the Philippines
became =, part of the United States; the
Government and the citizens OF the
United Stutes both enter said ISLANDS uh-
der the authority of the Constitution VITA
their respective rights defined anu marked
out: the former can exercise no power
over The person or property Of a citizen
of Tha I-nited States beyond what that
instrument confer.s, nor lawfully deny any
right which it has reserved
NO LEGISLATIVE POWER
.,Reinsr .. part of the United States the
Philippine Islnnds are subject to the
,,-,visions of clause /, section s, article l.
and of clauses > and 6, section 9, article
of tho. Constitution Of the United States
And as there is nothing differently stp-
uiated in the treaty with respect TO COM
merce, it became instantly bound and
privileged by the laws which Congress
had passed TO raise revenue from duties
on imports and tonnage.
The President of the United States has
no legislative power The imposition OF
customs duties upon commerce between
these islands and other parts of the United
states after the treaty Of peace and eX-
change of notifications, by Executive or
der. is without lawful authority, and the
seizure of the property of the plaintiff in
error. citizen of the United States,
under such pretended authority, consti-
tutes u taking of his property without the
due process OF LAW
Attorney-ieneral Griggs began his argu-
lnent for the Government late this alter
noon he frequently emphasized his points
with resoundiug knocks on the table
INAPPLICABLE.
The Attorney General contended that
the United States has the power 10 ac-
quire territory, then TO govern it; that
administration construction, congressional
action and judicial precedent affirm that
every port in n ceded country IS properly
regarded as foreign until laws are eN-
possess
sfnns- that the clause of the Constitution
NJ ,,a United States declaring duties uni
form throughout the United states Is not
applicable 10 new possessions and that
the Constitut on does not extend OF It's
own force over acquired territory.
lie laid down as eStdoiS4ieo Iie '"o
following propoSitIons'
! mat the tariff act OF 1891 was in
tended by Congress TO classify as foretSn
an countries not u part or belonging To the
United States at the time OF its passage,
and the subsequent ceS-sioE OF the span
ish islands 10 The United States did not
operate TO admit imports from these Is
lands free of duty. under that law
.. That the tariff act 50 construed and
enforced violates 40 constitutional Tiile
Of uniformity.
The Attorney General declared that there
Was 10 doubt THAT ii was The intention OF
The Paris treaty not 10 make the ceded Is
dands a part OF the United States, and
also that il was intended not TO maze the
inhabitants of these islands citizens. The
only thing that could Justify the deelara-
zion that the treaty is invalid would be
ffsat il violates The Constitution Of the
United States.
CITED PkEcEDENTs.
He said that The practical construction
pu. upon the Constitution by the EXecu-
tive and Congressional branches of the
Government for hundred years has
with one Partial exception. been uniform
in regarding acquired territory az neither
bound nor privileged BY that instrument
until brougil, within its operation, either
by express compact in The treaty or by
act of Congress; and that acts of Congress
do not apply 20 after.acquired territory