The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-12-18
STATUS OF THE COLONIES
FORE THE SUPREME
COURT
GoETzE VS.. UNITED STATES
Bringing Up the Position of Porto
Rico Was Taken Up Yesterday
and Will Be Continued
Today.

WASHINGTON, Dec. It, In the United
States supreme court today argument
was hegun in two cases, the decision Of
which is expected to fix the status OF
Porto RICO and the Philippine islands
and other insular possessions acquired
through the war with Spain with respect
to the United States proper: tc say
whether their people are citizens, and TO
indicate whether the constitution follows
the flag.
One of the cases is that of John H.
Goetze, who, in June, 1899, imported from
Porto Rico a quantity OF leaf tobacco
into the United Staces, through the port
of New York, AMI protested against the
assessment of duty on tine Importation,
claiming that the tobacco was not sub
ject to duty, because Porto Rico, at the
time of the Importation, was not a Tor
eign country, and because, therefore, The
imposition of duties on goods brought
from a place within the territory of the
United States into a port of the United
States is not lawful ana valid und3E the
constitution
The collector of the port and the board
OF. general appraisers both ruled against
him, as did the United States circrit
court for the Sprth" u district of New
York, when Goethe took the case before
that tribunal. ;fr9m the opinion Of that
court the Importer appealed to the Unit
ed States supreme court.
ONE FROM LEZ1T.
The other case is known as the -four
teen diamond ling case In tnat suit
the claimant is one Man lei Pepke, Who
served as soldier of the United States
in Luzon in tte Philippine islands. While
there he purchased or acquired the rings
in question and brought them into the
United States without paying duty upon
%
tween July 81 and Sept. %. The rings
were seized On May IS 1866, at Chicago,
by a United States customs officer as
merchandise and liable to duty, which
should have been invoiced, and was
fraudulently imported ami brought into
the United States, contrary to law. An
informa ton for the forfeiture of the
rings was filed on behalf of tie govern
ment June !, 1a01, to which the claiman mt
pleaded, setting up that at the time he
acquired the property Luzon was 4 part
of the territory OF the United States,
and that the seizure was contrary to the
claimants right rs c!ti:,cn of the United
States under the constitution. and par
ticularly under section 9, Article ~,
and he insisted that under Article J.,
section s, congress- is rruuircd &c see
that all taxes and duties shall be uniIt rln
through the United States. TO this plea
the United States demurred. and urGn
hearing of the demurrer the district Curt
gave agreement for forfeiture. This the
claimant removed il the United States
court by writ CT error
The case of John Goetze VS.. the United
States was taken up at $3.50 p. m. At
torney General Griggs was present in
behalf of the government and a number
| of prominent attorneys, including For
mer Secretary Carlisle, were interested
| listeners.
ARGUMENT FOR GOETZE.
Edward c. Perkins, of counsel for
! Goetze 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 ar
| ranged that each side should have five
hours. The opening argument in behalf
| of Goetze was then begun by Everett
| Brown of the counsel for the appellant
Mr.. Brown rehearsed the main fea-
| lures of the cession of Porto Rico with
| the circumstances of the enactment Of
| the tariff law of 1897, and the imposition
| of the duties on the goods of Goetze
| The main contentious, he said, were that
| Porto Rico was not a foreign country
/ as contemplated by the tariff act, and
| that Porto Rico was within the United
States, so that an import duty against
| the goods of Porto Rico would be in
violation of the constitutional provision
that all duties, imposts and excises
shall be uniform throughout the United
| States"
Mr.. Brown remarked that the counsel
who had opposed this view had main
tained that Porto Rico was part OF
| the United States in a Pickwickiar
sense. 1t was conceded, he said, that
1.-The people of the United States consti-
| tuted an absolute and separate nation
| that the mower TO declare and carry oy
war has been delegated by the people