New-York tribune., 1901-01-12

that the Foraker act imposing 15 per cent of the
Dingley tariff duties Porto Rico. is unconsu-
tutonal, because the effect of ii is export tax
In this view of the case it made no difference
whether the so called duties collected at
this the other end. The place of collection
did alter the character of the tax. Goods
that shipped from New-York to Porto Rico
left charged with tax, and the fact that tax or
tribute, called a tariff. collected the goods
before they were permitted to be delivered in
Porto Rico, unconstitutional act, because
the Constitution distinctly prohibits export tax
Really" said 5r Carlisle the question at issue
IS does the Constitution extend to the new ac-
qusitiOns but does # extend the President and
Congress-"
The Constitution he pointed out in discussing
another phase of the matter prescribed seneral
naturalization laws yet under the present situation
in Porto Rico the anomaly was presented OF
court on that island organized by Congress MAX
ing citizens by the prescribed of nauraliza-
ton when Il was maintained by the Government
that Porto Rico not part OF the Ohiteo
States This, he thought, quite as absurd as
the logical conclusion of the Attorney-Generals
al gument of free trade between Porto Klco anu
Oklahoma or other Territories but no free trade
between Porto Rico and any of the States
NOT DISCUSSING POLICY.
Mr.. Carlisle began by saying that he would rot
discuss questions of policy, they belonged 10
another forum. The questions were to be setueu
only on the Constitution. He said he had DeeH ds
yet unable to form opinion as to the exact con-
tention of the Government. First, however, he De
lieved the contention was that the island of Porto
Rico did not become part of the United states
either on the signing of the protocol or the raliica
lion of the Treaty of Paris: that there was d con-
dition existing which placed the island under lhe
general protection and Jurisdiction of the United
States. subject certain limitations; that arins d
period between the acquisition OF the % iS might
be Governed by tie President subject 10 laws OF
war and that the island did not become pau ",
the United States until admitted 10 Congress ana
until such time Congress may leglsi5te t LOT t uil
island From this il Is argued ne - -sdu, uilai, b no
right to say what taxes may be levied ana COL
SIr Carlisle first took up the conditions which led
10 the taking of the islands and read from ht
nations of Generals Miles ana wilson t 10 s1T" The
nIefe and had been acknowledged by all nations
He cited decisions of the court TO the conquest
of California. and undertook TO show that oy the
tended and that the government was only carried
on by military officers who performed municipal
upon Congress of regulating commerce, yet since
said exercised the powers OF assessing duties ana
carrying out all the powers of Congress The court
effect from its date whenever possession was gwen
The contention of the plaintiffs. he said. was that
country the right Of the President was maintain
a local government to protect private rights, 10
to exercise power for the purpose OF carrying on
Hf tbe laws Of the tinted states
are Immediately superseded, yet he said. the con-
tention is made that the President might step in
and enforce another set of laws equally inconsist
The government of such territory. he said
exist until Congress should make proper laws. He
Army officers could not exercise greater powers
than a de ture government as provided by Con-
eral kearny promulgated a code proNldlng LOT
Legislature and Delegate to Congress- but the Pres
the local laws to stand and later this Court sus-
tanned an action under that code.
STATUS OF THE GOVERNMENT.
In this case. he said. there was no concern as
the OF the citizens of Porto Rico. but the
status of the power OF the Government 1t was
not whether the Constitution extended to the in
habitants of Porto Rico but whether it extends
over the Congress. the President and the Cabinet
every person in the land in his personal and prop
erty rights of the citizen. When a government
taxation but it is taking his property without due
process OF law and giving him no compensation
On the point that the Territories were not part
the framing of the Constitution showing that first
II was the intention that "ali acts and treaties
should be the supreme law Of the land This
before the word constitution" had been intro
duced, and he took 1t to mean that It the in
tenton to have the Constitution apply to all parts
of the country, whether in the States simply in
Mr Carlisle argued that the Constitution must be
interpreted as a whole. and must enable the Gov
it was framed It must be considered as entire, 70
which all the agents of the Government must look
govern any agent OF this Government but the
Court could look TO 1t for defining what the Con-
stitution means. There would be constitutions,
he said in the Interpretation of counsel on the
other side-one for States and defining the powers
Ior the Territories. giving no rights. Upon the
Constitution there had been constructed a compre-
hensive system of laws governing all States and
Territories and from the first Congress has made
uniform laws for traffic between States and Terri
tories. as well as extradition. bankruptcy and
that in the Interpretation of the Government there
We're sitting courts outside the United States in a
to a resident upon FIVE years inhabitation of a
Territory outside the United States
DIRECT AND INDIRECT TAXES
Mr. Carlisle undertook to show that both direct
and indirect taxes had been laid upon States and
Territories alike, and tariff duties had been laid
upon imports into Territories well as States
Under the contention of the Government that Ter
ritories part of the United States IL might
to Alaska but this was not the case for the same
duties are charged on goods from Territory going
10 Porto Rico as from a State. That the
levied is a local tax denied but it was called
a tax for local purposes.
act establishing the rates duty and dispose
ton OF the moneys collected as a basis for his
that on all goods from the United States to Porto
Rico there should be levied Is per of duties
Porto Rico added. and that goods from Porto Rico
TO the United States enter on the payment of l.
added when the goods are of Porto Rican manu-
faeture, while goods from other countries paying
this country without other internal revenue tax
we insist he said, that this is not import
duty We object TO the form under which the
government seized our goods and held them on
their arrival at Porto Rico until we paid them
tribute In the form OF tax. An import is some
country. Porto Rico cannot be foreign country
for ITS courts send appeals to this body. This is
upon goods sent out Of these States and there are