The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-12-18
TWO IMPORTANT CASES
Their Decision Will Determine the
Porto Ricans' Status.
ALSO THAT OF THE PEOPLE OF LUzoN
The Two Cases Hinge Upon Whether Out,
Shall be Paid Upon Articles Brought
Here From Porto Rico and
the Philippines.
(By the Associated Press.)

Washington, Dec. lin the United
was begun 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; to say
whether their people are citizens, and to
the flag
One of the cases is that of John H.
Goethe, who in June, 1899, imported from
Porto Rico a quantity Of leaf tobacco into
the United States through the port of
New York, and protested against the as
sessment of duty on the Importation
claiming that the tobacco was not sub
iect to duty because porto Rico at the
time Of the importation was not foreign
country and because therefore, the i'm
position of duties on goods brought from
a place within the territory of the United
States into port of the United States is
not lawful and valid under the Constitu-
ton. !" The Collector of the Port and the
Board of General Appraisers both ruled
against him, as did the United States Cir
cult court for the Southern district of
New York
The other case is known as the four
teen diamond rings case.
The claimant, Manuel Repke, United
States soldier in the Philippines acquired
the rings in question and brought them
into the United States without paying
duty upon them, some time in the year
1899, between July 31st and September
25th. The rings were seized on May
18th, 1900, at Chicago, by a United States
customs officer as merchandise liable to
duty The claimant contends that
at the time he acquired the
property LuZon was a part of the terri
tory of the United States, and that the
seizure was contrary to the claimants
right as citizen, particularly under sec
tion 2. article A of the Constitution, and
he insisted that under article 1, section s.,
Congress requires uniformity of all taxes
and duties throughout the United States
The District court gave judgment of for
fixture for the Government and the case
came here on writ CT error.
When the cases were called today they
were combined by mutual consent of
counsel and each side was given five
hours for argument Everit Brown,
counsel for appellant, made the first argu-
ment.
Mr. Brown declared that the Constitu-
tion had established certain constitutions
al limits never to be transcribed. This
case was something more than one of ex
propio vigore; it denied the right of any
branch of the Government to transcend
the limitations laid down by the Constitu-
ton.
Edward C. Parker of counsel for Goethe
maintained that the Constitution was in
effect power of attorney. The prosecu-
ton of the war to Porto Rico or to else
where. or to the acquisition of this or that
place were all acts which must be brought
within the powers of the Constitution.
The Constitution following the flag, Mr..
Perkins regarded as equivalent to saying
that a mans shadow followed him.
1.-THE claim of unlimited power in new
territories" he said, sis opposed to our
entire theory of Constitutional Govern
ment.
1.-The Treaty of Paris is not open to the
construction that it provides for the gov
erning of Porto Rico without regard to
constitutional limitations and as a coun-
try foreign to the United States.
''If the tariff act imposes duty or tax
upon goods brought from Porto Rico to
place elsewhere in the United States
after the annexation. the imposition is
void as being in conflict with an express
provision of the Constitution.
when the Treaty of Paris took effect,
Porto Rico ceased to be "a foreign coun-
try within the meaning of those words
as used in the tariff act
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