The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-01-08
IN TIE SUPREME COURT !
ARGUMENT WILL BEGIN TODAY ON
FIVE MORE PORTO RICAN
CASES
J. G. CARLISLE WILL PLEAD
Former Secretary of the Treasury
Is Leading Counsel In the
Cases Against the Gov
eminent.

WASHINGTON, Jan. THE argument
| in the United States supreme court in the
Porto Rican cases, involving the question
of the legality Of duties imposed by this
country on goods shipped from the United
States to Porto Rico and from Porto
Rico to the United States, did not begin
today, as other cases preceding 1ad the
effect of postponing 1t Until tomorrow
Inc court, however, took sufficient cog
nizance of the cases to decide what time
should be given to each side in the con-
troyersy. This question was raised by
former Secretary Carlisle, who stated
that i've of the cases could be consoli-
dated. These five are the cases OF De
Lima and others VS. Collector Bidwell;
;. b. Downs VS.. Collector BidWell: two
cases of H. w. Dooler vs. The United
states, and Carlos Armstrong VS. The
United States Upon suggestion the court
awarded i've hours TO each side of the
controversy.
Ex-Secretary Carlisle will not file an
individual brief, but will content himself
with the verbal presentation of his views,
! HIS name, however. appears as coun-
sci on the brief in the Dooler cases, in
! VoIvlng the right to assess duties on arti-
cles brought into Porto Rico from "other
parts Of the United States and also. sent
from Porto Rico into other parts of the
! Ohlted States, before and after the
n
gress passed the Porto Rican act
MT. Henry w. Ward filed these briefs in
the supreme court today Following is a
summary of the argument:
first-At all times since the ratiica
tlon OF the treaty Porto Rico has been
part OF the United States
,Second-As a consequence of the treaty.
the entlre sovereignty over Porto Rico
mas become vested In the United States.
, puI the executive and legislative depart-
only such power in relation in Porto Rico
as is granted to them by the constitution.
IN, dnlrd-Ihe president had not the power
e eiiuer the constitution to make or en-
dofce the order Of January 20, 1859, in
SO lar as 1t imposed duties upon articles
81 4noi merchandise brought into Porto Rico
from other parts of the United States.
F5ourth-Congress had not the power
under the constitution to impose the tax-
rs rs or 3oo duties imposed by the act of April
u, 1900, upon articles or merchanilisn
brought into Porto Rico from other Ioarts
OF the united States or into other arts
OF the United States from Porto Rico
III sustaining these points no time is
spent IN discussing the power of the
Cnlted states to acquire and hold out
size territory, that power having be-
come cor firmly established. - In support of
the operation of the Paris treaty Porto
fIlco mas become as much a part of the
Clnted states as any one of the organ
lZed states or territories
The second point, relating to sovereign
ty, is elaborate, in part as follows
In using the expression. Sovereignty
or ownership, of the United States we
mean not the sovereignty or ownership
OF the government or of the president
or Or OF congress. but the Sovereignty or
ownership of the people of this country
to whom the ultimate power is lodged
and by whom not all power, but certain
enumerated powers only, have been dele
gate6 70 the various coordinate branch
es OF the government. Consequently it
does not follow that because Spain has
yielded her sovereignty congress has I'M
limited sovereign powers. Congress has
no powers whatsoever derived from any
other source than the constitution. It
does not derive any additional powers
from international law or from the fact
that the United States is a sovereign ma
ton or from the fact that the exercise
of such power may be deemed necessary
in order to carry out the policy of g.
particular administration"