The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-08
THE PORTO RICAN Cases
Arguments to Be Heard in the
Supreme COurt Today.
Che Position of the Government ms
Set Forth In the Brief of solicitor
the President to Impose Duties
tn the Island FuIiy Discussed.

The United States Supreme Court room
was crowded yesterday in anticipation OF
the arguments on the seven Porto Rican
cases involving the relation of the Con-
stitutioG TO the newly acquired territory
of the United States. There was not a
vacant chair in the space allotted for
members Of The har, and that part of the
court room signed FOR the public was
filled with men and women who waited
for mere than an hour only TO be disap-
pointed, for the arguments were post
poned until today, as the Kentucky rail-
road commission cases had the right OF
way.
Five of the Porto Rican cases come
from the Circuit Court for the southern
district of New York, one from the Court
of Claims. and one on certificate from the
Court OF Appeals for the Second circuit.
The judges of the latter court ask the
Supreme Court to say whether or not
Porto Rico is such a part of the United
States that the constitutional require
ment of uniformity in the laying of Gus
toms dues applies TO it. This of course,
is the question presented in all the
Crossman, ct al VS.. the United States.
where the question is as to the validity
OF the act OF July :, 1898, providing that
until the customs laws OF the United States
be extended to Hawaii the then existing
customs relations with the United States
and other countries shall remain unchang-
ed
Ex-Secretary John G. Carlisle is gen
eral counsel in all the cases except that
Nl1-Sn Ia Of 1nTa Irnag
and the case involving the Hawaiian tar
if. These two cases were excluded from
the agreement and set aside for argu-
ment in the other Porto Rican cases.
The opening argument in the Porto Rican
cases will be made by F. r. Coudert, jr.,
who will be followed by the Attorney Gen
eral and the Solicitor General. Mr.. Car
Isle will make the closing argument.
Solicitor General Richards will file his
brief for the Government in all the cases
today. After stating each case and the
questions of statute law which each n
wolves. The brief Will recite that tine
duties imposed in Porto Rico by execu-
tive orders during the military occupa-
tion of the island prior to the ratifi,ati-n
of the IreSty Of Peace were righfully
levied by the Presid Mt. as Commander in
Chief. acting under belligerent right. al a
time when hostilities had only been sus-
pended not terminated. between Spain
and the United States. and when Porto
Rico had not been ceded to the United
States. and when the right and obligation
of conducting a civil government by the
military authority was imposed upon the
President"
Il am at a lass to perceive any rea-
sonable ground" says the Solicitor Cen
eral, FOR opposing the validity of these
exactions. The brief in the first Dooley
case, in which the question is raised, has
not yet been received. The brief in the
Armstrong case attacks the authority OF
the President to issue the executive orders
providing fer the collection of duties on
goods imported into the island, denoun-
cling them as a usurpation Of legislative
power in a time Of peace and after Porto
Rico. as we claim. was part Of the
United States
The claim that the President was ex-
ercising legislative power in issuing the
executive orders providing for customs
regulations for Porto Rico is without rea-
son or authority. Counsel seem to think
that under the war power all the Presi-
dent can do is 10 fight. When We go into
a war. of course We fight. but We fight 10
force a peace and to gain that end We in
wade the enemy's territo-y and conquer
and hold ii until peace is concluded. After
we conquer territory We necessarily cease
10 fight. but we have to hold and occupy
it pending the negotiation and ratification
OF the treaty, and in holding and occupy
ing it we must govern it. The war power
that is used in holding and occupying con-
Quered territory is not limited by the
needs OF the army in its military opera
tions, but extends 10 the creation and
maintenance of civil government for the
occupied territory which will preserve
peace and order furnish security for life
and property and provide revenue II do
sirable. for eupn0~'i-- $40
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.E-st5r7 shaEs that te TrHr ha1