New-York tribune., 1900-12-14
NEW POSSESSIONS STATUS.
DECISIONS By THE SUPREME COURT
EXPECTED SOON.
CASES PENDING TO SETTLE THE QUESTION
OF WHETHER OR NOT THE coNsTl-
TUITION FOLLOWS THE FLAG.
Fpr rr1reaarH TO rHr rnIBuNE.l

/
TUITION FOLLOWS THE FLAG.
fsx TELEGRAPH TO THE rnIBuSE.l
washington Dec. 13.-There is promise OF
| early action by the United States Supreme
Court on the muth mooted question as TO wheth-
er or not "the Constitution follows the hag."
| ON next Monday a suit which comes nearer
/ reaching the merits Of this contention than any
| other OF the half dozen similar so-called test
cases will be argued. The points involved are
! ~ sucb vital importance that Attorney-General
/ Crirrs has himself prepared the greater part or
the brief for the Government. and VIII present
the Governments argument TO the Supreme
Court The other side viii he represented by
! Charles II. Aldridge. OF Chicago. who was sohe-
ftor-General Of the United States in the Har-
r,son Administration Some of the ablest and
most experienced members OF the Attorney
Generals staff declare that not since the Dred
Scott case has more important principle oeeh
involved in litigation.
THE PHILIPPINES CASE.
The case is entitled Fourteen Diamond Rings.
Emil J. Pepke, Claimant VS.. the United states
The claimant is a native born citizen OF the
United States He enlisted in April 1898 in the
lat Regiment of the North Dakota United States
volunteer Infantry, and served with the regi-
ment in the Philippine Islands Pepke was
wounded IN the battle OF Tabuc, Island Of Luzon'
and was honorably mustered out of the military
service az San Francisco on September 20 1879
While serving with his regiment in Luzon' ano
subsequent to the ratification OF the Treaty OF
Paris the soldier purchased in this island eleven
OF the rings in suit and made loans on the other
three 10 fellow soldiers. These fourteen rings
he brought with him from Luzon to San Fran
cisco when he came back with his regiment on
a United States transport 70 be mustered out
on his discharge at San Francisco he proceeded
to North Dakota, and thence to Chicago. where
the fourteen diamond rings were seized by
customs officer as having been unlawfully
brought into the United States. Information
against Pepke was then filed by the United
States District Attorney in the United States
District Court. at Chicago. The claimant ap-
peared and filed plea setting forth the forego-
ing statement OF facts, and asserting that the
rings were not subject TO customs duties under
the Constitution Of the United States. On the
issues so made the court at Chicago declared the
forfeiture and sale of the property in question
and from that court the case came up 10 the
United States Supreme Court on writ OF error
AS before stated the case is regarded by the
legal profession as the most important YET
brought 10 test the constitutionahty OF lhls
Governments treatment of its insular posses
siGns as foreign territory. or in accord with the
terms Of the Paris Treaty. which provided that
the political status OF the islands ceded 10 the
United States by Spain should be determined /
by Congress- pending which they are being
treated property belonging 10 the United
States"
PORTO RIcAN TEST CASES.
The so-called Porto Rican test cases. which
are Immediately behind the Pepke case on the
Supreme Court docket. and which are repre-
sented by ex-Secretary Carlisle. are not regarded
by officials Of the Department Of Justice as of
so much Importance because, primarily, Ques
ton Of jurisdiction is involved, which may send
them to the Court of Claims for adjudication.
and, seeondarily, because. by reason of this very
into the real merits OF the contention as does 1
the Pepke case. The Porto Rican cases involve
suits for the recovery OF money paid under pro-
test as customs duties.
In the .Pepke case the broad ground was taken
by the claimant that the United States had no
right TO demand customs duties Of him prop
erty which he brought from territory belonging
TO the United States. This contention of course,
opens the whole question OF the constitutional
power OF this Government 10 levy imports and
olscrlmipating tariffs on goods brought from
the Nations insular possessions whose political
status, II is distinctly set forth by the treaty Of
oesslon, shall be determined by Congress In q
NoIo' tne Wno!e Philippine question so-called is
involved IN the case. a specific issue involved is
Whether the Philippine Islands are foreign ter
LlIory within The meaning Of the customs reve-
nue. laws, and incidentally as TO whether Amer
ican citizens living in those islands have any
Ilghts secured 10 them by the Constitution of the
CA4leo STATES until Congress by express enact
nent extends the Constitution over the Philip
Pine Archipelago. This. It viii be recalled fur
hlsneo the great question OF debate in the last
session OF Congress, the Republicans maintain
ihg' 10 use we'll worn phrase, that "the Con-
stltutlon does not follow the flag" and partic-
14ar-y under the express stipulations Of the
Treaty OF Paris. and the Democrats holding that
the Constitution operates ex prcprio vigore in
every part Of the new possessions.
MoMENToUs QUESTIONS INVOLVED
II the Supreme Court decides the case on its
merits one or the other OF these contentious will
be upheld. If the claimant wins the decision
VIII estop Congress from enacting tariff laws
nke mat which now imposes 10 per cent of the
Dlngley law duties on Porto Rico and will throw
Wioe the doors TO the vast horde of cbaan
lApor ana wares IN the Philippines On the
other hand, IL the claimant loses souarai,, ~
IN o.e merits OF his contention the present policy
ot lhE Government in respect Of "outlvinp terri
tory pelonsing 70 the United States,' g. -
eonLhuee indefinitely, or until Congress- sees a.
70 cnange IT, This means that the TTnitaa Sts.ns M
proteet itself from the cheap labor and the
prooucts or cheap labor in the Philinnines nc n
Wen as Porto Rico and will forever sl4+i as as
onies. 9-'S ~ TAX lts col