Gilpin observer., 1900-12-20
DOES THE CONSTITUTION
EXTEND TO THE COLONIES?

the Porto Rico-Philippines cases, in
| volving the status of those countries to
the United States, was resumed in the
Supreme Court yesterday. The wide
spread interest in the cases was shown
by the large attendance of prominent
| members of the bar and by crowd of
spectators which filed the area and
oyerfiowed into the corridor Senators
and Representatives in Congress drop
ped in as the arguments proceeded and
gave attentive ear to the proceedings.
Prior to the opening of the court the
counsel conferred and arranged a gen
-eral plan of procedure, by which Ed
ward G. Perkins, senior counsel in the
| Porto Rico case. would conclude his ar
gument to-day, being followed by Law
renee Harmon, counsel In the Philip
pines case The appellants would then
give way to Attorney General Griggs
for the presentation of the case in be-
half of the government. This, it was
expected would continue until to-day,
when Charles A. Aldrlch former attor-
ney-general and senior counsel in the
Philippines case, will close in behalf of
| the appellants.
Mr. Perkins summed up the argu-
ments for the. appellants in part as fol-
lows:
DtoDle VI lut Chlttu StdltS, III
and by the constitution, organized and
erected one and the same government,
of defined and limited powers, for all
people which might inhabit within the
| dominion of the nation. The whole
purpose and aim of the constitution is
the establishment in permanent form,
unalterable except by the people them
selves, of fundamental principles of
government applicable in all time and
in every place.
1.-The power to govern the people in
habiting the territory of the nation,
| which is delegated by the constitution
| to Congress, is limited and defined by
the constitution and Congress cannot
transcend the limits Imposed.
1.-The constitution limits the powers
of Congress to impose taxation by the
mandate that all duties, imposts and
excuses shall be uniform throughout
the entire domain of the United
| States"
Mr.. Harmon of counsel for appellant
in the Philippine case, followed Mr..
Perkins.
He spoke of the august character of
the court. and of the sentiment that on
this "holy ground" justice and right
were certain to prevail. The PROPOSE
ton now presented. small in itself, in
volved results affecting the entire fu-
ture of the government. Mr.. Harmon
| briefly recited the circumstances of the
Philippines case; Emil ]. Pepke. n vol
, unteer serving in the Philippines.
where he purchased fourteen diamond
rings valued at 5000 to 81 900. brought
them back to the United States. where,
at Chicago. the United States customs
officers confiscated the rings on the
ground that they came from the Philip
pines, We're dutiable and had been
smuggled into the United States. The
case now comes up to the United
States Supreme Court on the appel
lant's plea that the property was not
subject to customs duties. the Philip
pines being, as he contends, a part of
the United States.
Mr.. Harmon directed the early part
of his argument TO setting forth the
fundamental principles of equality
which had been enunciated by the
Declaration of Independence. The
chief points urged in his arguments
were: BY the treaty Of peace between
the United States and Spain the Phil
| ippines became part of the United
States: the government and the citi-
zens of the United States both entered
said islands under the authority of the
WIN itSl''thNt
rights defined and marked out: the for
mer can exercise no right over the per-
son or property of n citizen of the Unit
cd States beyond what that instrument
confers, nor lawfully deny any right
which 1t has reserved.
Being part of the United States,
the Philippine islands are subject to
the provisions of clause |, section s,
article L., and of clauses . and q, sec
tion o. article /. of the constitution Of
the United States. And as there is
nothing differently stipulated in the
treaty with respect to commerce, 1t be-
came instantly bound and privileged
by the laws which Congress had pass
ed to raise n revenue from duties on
imports and tonnage.
Mr.. Harmon declared that both the
Philippines and Porto Rico are now
and have been since the treaty took
| place n part of the United States. They
are the property of the United States.
In the sense that they are held in trust
for the people thereof. The trust IL
an express one. In that its conditions
are fixed by the constitution. The
builders of the Republic did not frame
n constitution for the original thirteen
states. but for all the lands and peo-
pies which, In the bcneiiccnt workings
OF divine providence, shall come un-
der Its benign influence and control.
Attorney General Griggs followed.
presenting the governments position In
the case. He began In quiet and con
vcrsational style. seldom rcsorting to
gesture or emphasis. lie said that ne
counsel had been wandering In the
fields and plucking the flowers of elo-
qucnce." he would first give n plain
statement OF the issues involved.
In presenting the governments side
of the controversy. the attorney gen.
cral contendcd that the United States
has the power to acquire territory, that