New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-21
THE TEST CASES CLOSED
ISSUES IN THE HANDS OF
THE SUPREME COURT.
FINAL PLEA FOR THE theory THAT
THE CONSTITUTION FOLLOWS THE
FLAG MADE By EX-SOLICITOR-
GENERAL ALDRICH
GENERAL ALDRICH.
Isr rzLEeaArH TO rHz rzBcSz-l

IBT TELEGRAPH TO THE rzBcSEl
Washington Dec. 2O.-The test cases involv-
ing the power OF the Government to levy dis
eliminating taxes against the new insular pos
sessions are now wholly in the hands OF the Su-
preme Court The last argument was made to-
day. Yesterday the Governments case
closed by Attorney-General Griggs in an argu-
ment which experts declare viii stand as a
landmark in American Jurisprudence. To-day
Charles H. Aldrich. OF Chicago. formerly Solicit
tor-GeneraI OF the United States. concluded the
argumentative phase OF the discussion in
speech which addressed itself wholly to the con-
stitutional questions involved. A marked peculi-
arity Of Mr.. Aldrich's argument was that not
once was mention made OF the fact that the Ib-
erty OF citizen and his title property were
at stake. Mr.. AIdrich was supposed to be plead
ing the cause OF Emil J. Pepke. a citizen Of North
Dakota, who was arrested by customs officers
at Chicago the charge Of smuggling into this
country from the Philippine Islands fourteen
diamond rings which he purchased while serving
his country soldier No reference TO this
interesting fact made to-day by his chief
counsel to the further interesting fact that
Pepke's property. after being seized by the Gus
toms officials. declared forfeited and its
sale ordered by decree OF the United States Dis
trict Court for the Northern District OF Illinois
after the trial Of the charge that Pepke had
act OF 1897
WIDE SCOPE OF DISCUSSION.
On the first day Of the trial question asked
by Justice Brewer developed the fact that the
property involved was not valued at more than
81. 900. The circumstance that the tribunal Of
last resort has devoted four full days OF its
valuable time the trial Of the is OF itself
sufficient proof OF the great issues involved
This accounts for the broad scope which the
discussion has taken-a scope too broad and far
reaching to take much notice OF the personal in
terests of the appellant. 1t thus happened that
Mr. Aldrich, who is generally regarded one
of the most learned constitutional lawyers in
the country. devoted his entire argument to-day
to the proposition that the Constitution follows
the flag" which carries with it the implication
that the Paris Treaty transcended the organic
law Of the land in its stipulation that the civil
rights and political status OF the inhabitants OF
the islands ceded to the United States by Spain
should be determined by Congress. Mr.. Aldrich
fatty disputed every argument in support OF the
constitutional character OF the treaty advanced
in the masterly argument Of Acknowledgement
Griggs yesterday In 3 comprehensive sense he
presented the decision OF Chief Justice Marshall
| in the famous case Of LoughbOrough agt- Blake
as a direct refutarion OF the claims advanced
| by the Attorney-GeneraL Mr. AIdrich con-
densed this celebrated decision into these Propo-
sitions:
First-That the power to tax, lsvy duties.
ETC. extends TO the entire United States
Second-That the term United States" en-
braces 'our great Republic. which IS composed
of States and Territories
/ Third-That il is not less necessary. on the
principles of our Constitution. that uniformity
in the imposition Of impOsts, duties and exc1ses
should be observed in the one than in the other.
Fourth-It follows from the above that the
| rights and obligations OF the territory thus a
| part Of the United States. and the inhabitants
thereof are measured and tested by the Con-
| stitution.
PARLIAMENT AND CONGRESS.
Mr. Aldrich seemed to make impression on
| the Court by drawing distinction between the
| powers of the British Parliament and the ca
gress OF the United States. He pointed out that
Parliament is omnipotent in the human sense.
| and can decree anything within the jurisdiction
or purview of the British people whereas the
functions and powers Of Congress are as dis
tinctIy limited as are those Of the Executive De-
| partment of the Government On this conten-
ton is mainly based the argument that the
Paris Treaty transcends the Constitution. in
that it directs both the President and Congress
to do something that is clearly inhibited by the
organic law OF the Nation in the theory OF the
cases now at bar. Mr.. Aldrich met in a novel
way Attorney-General Griggs's historical proof
that Jefferson and other founders of the Repub-
/
Of newly acquired territory to the Nation as that
contended for by the Government at present.
The Chicago lawyer boldly declared that Mr..
Jefferson realized perfectly that he was com
mitting an unconstitutional act in negotiating
the purchase Of the Louisiana territory
PERMITTED TO EXCEED HIS TIME
Mr.. Aidrich was permitted by direct authority
of Chief Justice Fuller TO speak nearly two hours
to-day when under the original time limit pre-
scrfbed for argument he entitled TO less
than an hour and half. only that much time
beIng left to the appellants side OF the i've
hours allotted The fact that Mr.. Aldrich
permitted to exceed his time-a most unusual
occurrence in the Supreme Courts accepted as
additional evidence OF the great interest felt in
the case by the bench. as we'll as the bar and
the public Even when Mr. Aldrich closed his
argument in a peroration almost as eloquent
and impassoned that OF Attorney-General
Griggs yesterday. it was not at the direction OF
the Chicago man would have been permitted to
talk through the entire session of the court to-
day If he had desired to do
In the course OF his argument Mr.. Aldrich
was subjected to many questions from the bench
One OF the first was asked by Justics Gray. who
rarely puts questions to the lawyers Mr. Al
drich had declared that Jefferson knew he was
committing an unconstitutional act in acquiring
the Louisiana territory.
QUESTIONS FROM THE BENCH.
do you think that was unconstitutional IN
quired Justice Gray. with a searching glance at
the lawyer
NO I do not" replied Mr.. Aldrich slightly