Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-09
THE STATUS OF THE ISLAND
MR.. COUDERT RESUMES IN THE
PORTO RICAN CASES.
Where n Country May Be In an Inter-
Nor Part of the United States.

Upon the reconvening Of the United States
Supreme Court today Mr.. F. r. Coudert.
jr... resumed his argument in the Porto
Rican cases, continuing his contention that
Porto Rico is not foreign territory and
hence that it is incompetent for the gov
eminent authorities to levy and collect
duties upon articles imported from Porto
Rico to New York.
Before taking up the thread of his argyll
ment Mr. Coudert undertook to respond
to a question propounded to him yesterday
by Justice Brown. The question was
whether a country can cease to be a for
eign country and yet not be part of the
United States-whether there is an inter-
mediate condition
An Intermediate Condition.
Replying, Mr.. Coudert expressed the opln-
ion that such a condition might exist tenn
porarily, and he added that the Supreme
Court had recognized it in dealing viii,
Tampico in the case of Fleming vs. Page,
and in dealing with California in the case
of Cross VS.. Harrison before the acqu 81
ton of California by the United states
was completed.
In such cases, he said there was still Il
foreign element to be reckOned with and
our assumption of authority was military
in character. This assumption could pe
only temporary, and in case of the sIoss-
quent acquisition of the country IN ques-
ton, civil government must of nee ,ssity
supersede 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.
When the Line is Passed.
Mr.. Coudert contended that in a case of
acquisition the dividing line is passed when
a treaty of acquisition is signed and rat-
fed. When, he said, we sanction acquisi-
ton by the ratification of a treaty We thus
signalize control of and sovereignty
over new territory. This, he asserted. had
been done in the case of Porto Rico In the
treaty of 1898, and by that treaty Porto
Rico had become much part of the
United States California had become
through the proceedings subsequent to the
Mr.. Coudert then resumed regular argu-
ment,~ taking up the question as to what
part of the Constitution applies to Porto
Rico. He followed his brief quite closely In
this part of his address.
Before he concluded Mr. Coudert was
subjected to number Of questions from
the bench, and he obtained leave to file
supplementary brief, which it is presumed
Will contain replies to them.
Gov. Harris Contention.
Mr.. Coudert was followed by Ex-Governor
Alphonzo Hart. who spoke especially of the
volved is the collection of duty 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
ritory or district, and that as Porto Rico
was coded to the United States by the Paris
treaty, there was an absolute change Of
sovereignty and of title. He also argued
that the President being an executive otii-
Ger only, there was no right to impose
duties on commerce between Porto Rico
and ''Other parts of the United States by
executive order after the ratification of the
Paris treaty. Such an order was null and
void and without authority of law. This
government had been intended to be gov
eminent of limitations and 1t had not been
intended that special privileges should be
!. guaranteed to any part OF 1t.
THE idea,' he said, that in one portion
of the country the executive and legisa
tive authority is subject to restrictions and
Is without restrictions in another Is repug
nant to the theory of our government and
cannot be tolerated..
He held that since the ratification Of the
peace treaty our title to Porto Rico Is as
complete as our title to Ohio or New York.
for there is such thing divided SOW
ereignty-half empire and half republic,
half Spanish and half America. In this
connection he quoted the utterances of
Chief Justice Marshall in the Loughborough
case, in which the chief justice declared
that states. territories and districts all
part of the great American empire.
Replying to Mr.. Griggs.
Referring to Attorney General Griggs'
definition of what constitutes the United
States in the fourteen diamond rings
case, Mr.. Hart said that if this definition
is correct Oklahoma and New Mexico, as
| we'll as Porto Rico and the Philippines, are
not part of the Union.