New-York tribune., 1901-04-16
PORTO RICAN TEST SUIT.
NEW BRIEF SUPPORTING THE Gov
EMINENT PRESENTED.
,o1NT MADE THAT INSULAR POLICY Is A
POLITICAL QUESTION OVER WHICH
THE SUPREME COURT HAS
NO JURISDICTION
NO JURISDICTION.

washington. april 15.-In the United States
supreme Court to-day Charles A Gardiner Of
New-York, askeI leave TO hle motion in the
De Lima case. one OF the Porto Rcan test suits
,our pending. He said that his brief was in
,nrort Of the governments contention of the
igbt 10 levy duty commerce between the
T-nited States and Porto Rico, and he appeared
&c The representative Of the New-England To-
haeco Growers Association. He had the consent
n the opposing counsel to present the document
Mr. Royt, representing the government. ex-
rassed fear that if the brief should be filed
n would call for replies. Mr.. Gardiner said he
oould not understand why the government
should object to the filing of the brief which
might save the case for il. The Chief Justice
,od Mr. Gardiner that he could hand the brief
10 the Clerk
The brief makes the following statement to
tbs purposes of the new matter introduced:
The w-England Tobacco Growers, Associa-
zion represents more than three thousand indi-
vduals and corporations engaged in the cultiva-
tion manufacture and sale of tobacco in the
New-England States. This industry is peculiar
" dependent upon the maintenance of existing
tariff legislation. A decision Of this court ad-
verse 10 the constitutionality of import duties
upon our colonial products would subject the
interviewer TO disastrous competition and serious
financial loss So, also, 1t would injure numerous
other domestic tobacco interests which. equally
With The interviewer, would be adversely affected
by free trade with Porto Rico and the Philip
pines.
Counsel then say:
We shall confne our argument to those points
onlv which il is believed have not yet been pre-
sented TO this court, at least from the point OF
view OF the interviewer
The chief point of the brief is that the insular
ouastjon is wholly one to be dealt with by the
no,itical agencies of the government, and that
the judicial branch has authority over it
The points are summarized as follows
First point-The United States is sovereign
nation II possesses all the national powers
enumerated in the constitution ana all the uii-
These aggregate all the powers of the most
potent sovereignty, and the national govern
nent exercise them all unless expressly
nrohibited by the constitution
Second point.-The sovereign powers OF the Nd
tion are exercised through the legislative, eA-
ecutiye and judicial departments Of the ma
t;onal government Political questions belong
"a the legislative and executive departments
iudicial questions TO the judicial department
Political questions are not SUBJECT 10 the JUN"
dction of this court
Tbir5 noint.-The acquisition Of Porto Rico and
the Philippines; the mode and e-tent there0I, me
. delimitation of the boundaries OF the oi1iteo
States the disposition and government oi Ihe
islands and their inhabitants-these ana al
similar questions in the cases al bar are po-
ltical and not judicial ana therefore not "i'iiin
the jurisdiction Of this court
Fourth point-The constitution does not eA-
come aprlicable to the government thereol,
proprio vigore. Specific action by the poIucaI
departments Of the national government Is nee
essary TO make applicable TO the government OF
the islands either the constitution as WhoIe
or any Of its clauses ,.,.. .
Fifth Toint-Porto Rico and the Philippines
are not integral parts of the United states WITH
in the meaning Of the uniform tarlI Clause
Article / Section s, Of the constitution
Sixth point-PorIo Rico and the PnlnppiheS
not being integral ports Of the United states
and the uniform tariff clause NOT being appllcd-
Die thereto il follows that special tarir1 avs
including the Porto Rican act, may pe ehdcteo
and are constitutional. -, -,
Seventh point-For these reasons, as Well as
for those urged by the learned Attorney-Geh-
eral and the learned Solicltor-General, the Juos-
ments and orders appealed from should De al
firmed
In making his application to the court for
leave 10 file a brief MIR Gardiner said:
The line Of argument have pursued mas peeii
difficult Of investigation. and II mas taken il1u 81
time to obtain and verify the authorities. l az
not contravene or question any or the posisoitiS i
taken by the learned Attorney-General anu t-is
learned Solicitor but supplement me.
arguments with an original discussion anu q
new line OF authorities