New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-18
A GREAT LEGAL BATTLE.


not "a foreign country that they were not
within the purNiew of the tariff act.
Second-That Porto Rico at that time was
within the United States. so that II the tariff
act were 70 be construed as imposing a tax upon
merchandise so circumstsnced the imposition
violated the provision OF Section 3. Article l. OF
she Constitution. that All duties. imposts and
excuses shall be uniform throughout the United
states
POINTS OF APPELLANTS ARGU MENT.
Goetze's attorneys have condensed the salient
features Of their argument into four general
propositions. follows:
First-The people Of the United States in or
esnizing the Government Of the United States
have established certain limits never and no.
where 20 be transcribed and hat those limits
may not Ice transcribed the Constitution is
written. Constitutional limitations are the
ubiquitous concomitants Of constitutional power.
Second-The Treaty OF Paris is not open 10
the construction that il provides for the govern
ing Of Porto Rico without regard 10 cOnstitu-
tional limitations and as a country foreign 10
the United States IL il were possible 20 place
that construction upon the treaty, the provision
would he void as contrary TO the Constitution.
hut this would not IN any way prevent or affect
the accomplishment or the usual results of an
Third-If the Tariff act imposes a duty or
tax upon goods brought from Porto Rico 10 a
place elsewhere in the United States after the
annexation, the imposition is void being In
conflict with an express provision Of the Con-
stitution.
FOurth-when the Treaty OF Paris took effect
within the meaning OF these words used I'm the
Tariff act Of 1897.
ARGUING FOR UNIFORM RATES
Mr.. Brown rehearsed the main features as
70 the cession Of Porto Rico. with the circum-
stances Of the enactment of the tariff law Of
1897 and the imposition Of the duties the
goods Of Goethe. The main contentious he
said, were that Porto Rico was not foreign
country" contemplated by the tariff act. and
that Porto Rico was within the United States.
90 that an impOst duty against the goods Of
Porto Rico would be in violation OF the con-
siitutional provision that "an duties. imposts
and excuses shall he uniform throughout the
United states"
It was conceded. he said. that "the people Of
the United States constituted absolute sover-
eign Nation; that the power TO declare and
carry on war has been delegated by the people
10 its constitutional agents, and that this in
cludes the power 10 occupy foreign territory and
10 govern II and it's inhabitants while il remains
foreign territory. subject only 10 the rules and
usages OF civilized warfare under international
laws. It was also conceded that the people had
delegated the power TO add permanent acquisi
tons 10 its territory.
But with these concessions. Mr. Brown de-
olared the people had established certain con-
stitutional limits never 10 be transcribed. This
prio yigore." II went the extent Of denying
the right Of any branch Of the Government TO
transcend the limitations laid down by the Con-
siitution. He closed his brief Introductory pre-
sentsrion Of the case by referring TO its mo-
mentous character which he and his colleagues
regarded as the most profoundly important they
ever had been called upon to present
CONSTITUTIONAL PHASES DISCUSSED
NIr. Perkins followed. taking up more par
tcuarly the constitutional phases Of the case.
Re spoke Of the grave and serious interests in
Aolved not only for the present, but for all
time in the future. II was only because OF the
extraordinary events in which the Nation had
taken part that this case had arisen. He main
tanned that the Constitution in effect
power of attorney, and she question TO
what were those powers. The prosecution of
the TO Porto Rico OF elsewhere, or to the
acquisition Of this or that place, were all acts
which must be brought within the powers Of
the Constitution. The metaphor as 10 the Con-
stitution following the flag Mr.. Perkins regarded
equivalent saying that mans shadow
followed him. The first constitutional point
urged was that the claim OF unlimited power in
new territories is opposed TO our entire theory
81 constitutional government" A large number
Of cases were cited 10 show the attitude Of the
United States Supreme Court on analogous
issues in the past. An unbrOken line of de-
csions, il was maintained, esta blished that the
prohibitory clauses OF the Constitution apply in
The government Of the territory of the United
States. In one decision. as late as last March,
Mr.. Perkins said that Justice Harlan had held
that the With Amendment TO the Constitution,
securing the right Of trial by jury. applies TO
judicial proceedings in the Territories
OTHER CASES ADVANCED.