The Savannah morning news., 1901-01-10
NOT A FOREIGN LAND
OF PORTO RICO ARGUED II
slAi SUPREME COURT.
II NOT OURS, WHOSE is IT?
ro.NEYs CONTEND THAT 1T is
Al PART OF THIS COUNTRY.

..u+ion of the United states
IDS over Every Part of the
uonaI Domain, Said Mr.. HART
,v Acquired Territory Pos
Tan Not a Part of the United
- said solicitor General Rich
I,stice Brown Asks a Signifi-
can't question
---l.,q+on. Jan. 9.-In the United
- sunrene Court to-day Mr.. F. K.
a.r+ Jr resumed his argument III
~ por,o Rican cases. continuing his con-
tina, Porto Rico is not foreign ter
-,.or, and hence that it is incompetent
.ba government authorities to levy and
..ua,+ dnties upon articles imported from
n.-to Rico to New York. Justice Brown
...eterdsv asked him whether a country
,.r cease to be foreign country, AMI
80. MT be part of the United States
,hstber there is an intermediate condi-
ton
Replying to-day Mr.. Coudert expressed
,,s opinjon that such a condition might
ovjst temporarily, and he added that the
s,nreme Court had recognized it in deal
ing with Fleming VS.. Page, and in deal
;ng with California in the case of Cross
vs. Harrison before the acquisition of
california by the United States, was COM
pleted.
In such cases he said there was still
foreign element to be reckoned with and
our assumption of authority was military
in character. This assumption could be
only temporary. and in case of the subse-
ouent acquisition of the country in ques-
Hon.civil government must of necessity su-
persede the military control. On the other
hand if the territory is not acquired and
is restored the foreign sovereign takes
control without any ostentation, showing
that all the time its rights have existed,
though they have been dormant.
Then. he said, I'VE sanction acquisition
by the ratification of treaty we thus
sgnalze our control of and sovereignty
over new territory"
Mr.. Coudert followed his brief quite
closely
Aphonse Q. Hart spoke specially of the
Armstrong case in which the question in
yolved is the collection of duty on goods
shipped from New York to Porto Rico.
He contended that the constitution of the
United States extends over every portion
Of the national domain whether state. ter
ntory or district and that as Porto Rico
was coded to the United States by the
Paris
change OF sovereignty and title. He also
argued that the President being an exc
eutiye officer only, there was no right to
impose duties on commerce between Por-
10 Aco and other parts of the United
states by executive order after the rati-
ncauon of the Paris treaty. Such an or
der was null and void and without an
taonty Of law.
lie held that since the ratification of
the peace treaty our title 10 Porto Rico
Is as complete as our title to Ohio or New
1ofK Tor there is no such thing as divided
sovereignty half empire and half repub-
Nc half Spanish and half American.
II. W. Ward, counsel for Dooley.
Smith Co, laid especial stress upon the
iact that the position of the Porto Rican
law providing for the collection of duties
separate from other parts of that law.
ana mat 1t is limited in operation in point
OF time to March l, 1902. He characterized
IL as makeshift and plain violation of
ue constitution and cited numerous au-
'hoTlues to sustain his view.
solicitor General Richards began the
presentation of the governments side of
me controversy, giving especial attention
70 the effect of the Publications of the
fdrs treaty upon the relations of this
Sun5ry ana Porto Rico. He said that
ue denial by the other side of the power
"Ilcn Is being exercised by the President
SIu congress amounts to saying that "the
uedF-making power is stripped of its
proper functions; it cannot treat; 1t is
"He' lmpotent, impossible, ridiculous"
ME Richards argued that newly ac-
qlHed territory becomes mot a part, but
possession of the United States. terri
wly belonging to the United States"
JUS disposition and government rests
uHuer the constitution with the treaty.
making Ii power and with Congress-"
., lhen does such territory fall, within
ule provision which requires duties to be
assessed upon goods arriving from a for
NSn country asked Justice Brown
ne put his question in different shape
, S'role Mr. richards could reply, Does
ii not cease to be foreign country?" he
then said.
10 this query Mr.. Richards answered:
~ tHiAK not, not within the meaning
u the customs law"
~ cumming, Mr.. Richards contended that
tSo 'es'ueht has not power to extend
tb o i hlni's OF the United States, but thai
ms, 'esislative branch of the government
+, 10 so upon whatever terms it sees
,bo ne concluded with the statement that
~ ans treaty never intended 40 make
on,,e, toplcal Islands, the islands ac-
fnited py the Spanish war, a part of the
ana w.. states IN the constitutional sense.
naT. JuSt as certainly did make them a
part Of the United States in tbe ,nter I a
uonal sense. i" the in'erha-