New-York tribune., 1901-01-04
GEN. HARRISON MAY SPEAK
REPORT THAT HE HAS BEEN RETAINED
IN INSULAR TEST SUITS.
BRIEF OF F. r. CoUDERT. JR.. AND PAUL
FULLER AGAINST THE GOVERNMENTS
CONTENTION FILED.
[Br TELEGRAPH TO THE rRIBUNE-l

CONTENTION FILED
IBY TELEGRAPH TO THE rRIBUNE.l
Washington JAN 3-New Importance was added
to-day to the coming hearings in the Supreme
Court next week of the cases attacking the con-
stitutionaty of the Governments colonial policy py
the report that ex-Presdent Harrison has been
retained TO assist Johr G. Carlisle in the argument
of the suit of Carlos Armstrong to recover Gus
toms duties which he paid under protest at Fonee'
Porto Rico while that island was under military
occupation. 1t has been impossible 10 obtain con-
frmation or authorized denial of this report here
to-day.
General Harrison is not registered attorney
| in the case though two three of the assistants
I'm the office of the clerk of the Supreme Court said
this afternoon that they had heard the rumor
that the ex-President had been retained IN the
Armstrong case for the purpose OF making an ar
gument They explained that it was not necessary
for him to make an appearance in the case. as
the term goes until Immediately before the tral Is
called. Indeed, they of opinion that Geheral
Harrison would prefer pursue this latter method
rather than to make early announcement OF MS
intention The ex-Presidents son, Russeh b.
Harrison is in Washington at present. nut ne
knows nothing of his fathers engagements OF
movements General HARRISON recently has been
| so outspoken i'm opposition to the Government
colonial policy that many of his friends mere pe-
lieve he will gladly embrace the opportunity 10 pre-
sent his views the Supreme Court iI ne ia7 "e0'
| retained IN the Armstrong case.
a -
preme Court for early trial of the constltunona'S
Of the Foraker bill levying 10 per cent or the DING
lev duties on the commerce or Porto sNiCo AaS
filed 1t was prepared by FREDERIC N Nouusi' -
ir, and Paul Fuller. of New-York. Brlefs nieo IN
| the other cases deal not with the FORAKER Ia"
| speciacaIly but with the general principles m
volved. as these suits grew out OF disputes Whlch
arose while the islands were actually or techhicaly
under military occupa ton. The title Of the Coudert
case Is Samuel B. Downes. plaintiff In error vs.
| George r Bidwell defendant in error. The action
| was brought to recover money paid by Downes as
customs duties at the Port Of New-York on goods
shipped from Porto Rico in November last po"nes
lost in the lower court
POINTS STATED BY Mr.. coUDERT.
After a general review of the larger constitu-
,,onal questions involved Mr.. Coudert addresses
himself directly 20 the Foraker Law. he starts
with this question:
Does the act passed April L. 1900 Che ,Gss Foraker %
aansise brongRt from port Of Porto Rico
condition of entry into other ports OF tne Dntsu
Jution7
Mr. Coudert declares that. in order TO uphold the
validity Of the Foraker act. the Government must
show that Porto Rico is not part OF the United
States Also Il must further show that Congress
has power 20 lesslate for Porto Rico without re-
gard 10 the prscept OF uniformity in taxation laid
down in the Constitution. No question Of the CIVIL
rights or political status OF the Inhabitants OF
Porto Rico In the meaning and intent Of that
clause in the Treaty Of Paris is involved, says Mr.
Coudert. In his opinion, the only question In
volved the right OF citizen Of the United States
and OF the State of NewYOrk to ship oranges from
Porto Rico 20 the Port OF New-YoTk without being
compelled TO pay duties on them, just as another
citizen has the right 10 ship oranges from Florida
to New-York without paying customs duties on
them The misconception of the situation IS due
largely" says Mr.. Coudert. Ito the misleading e1-
preston extension of the Constitution 20 outlying
territory" -
He then elucidates his views of the Constitution
thus:
The Constitution does not expand and does not
| shrink. II is not a mechanism; II is not sub
stance, nor IL even, Professor Ftske sug-
gests. organism: 1t has no relation to anything
ehster the he Magma chaTia. we may say. Under
which and by virtue of which the officials exercise
IL IS. therefore, napt use OF terms 10 speak
the Constitution The Constitution has no direct
relations with new peoples or new possessions. IL
eminent which It creates and which il regulates
on the one side and with the people that ordained
funetionaries of government with certain author
be observed IN the government which It establishes
II grants powers priytleges and immunities and 1t
may not be overlooked evaded by the agent. OF
the government nnt, which W & Il ests6shes -
ali the prescriptions restrictions OF the Consti-
ali times This may be coneeded But niSs il Soes not
alter the fact that whatever act is done by GOV
constitutional provisions TO test It's legality.
POWERS AND PROHIBITIONS
The power is given make war. to negotiate
peace and TO enter into treaties These particular
panied with any detail The exercise of them
however. comes under the Constitution In thai
fundamental charter there are prohibitions uni-
versal and unevadable. In order TO read the in
strument Alright, these prohibitions must not be
forgotten I'm testing the powers be exercised In
making treaties. or making war. concluding
peace. IL the Constitution anywhere prohibits cruel
and inhuman punishment, prohibits bills of at
tander. prohibits the impairment OF OBLIGATIONS
because these prohibitions repeated IN that
section OF the charter which gives a right TO
negotiate treaties IL cannot be inferred that rea-
ties may be negotiated providing for these prohb-
tied acts.
When the Constitution enjons that all taxes
duties, imposts. etc, shall be uniform fhrourhout
the United States. tho power thereafter given 10
Congress TO make rules and Regulations for the
disposition of territory cannot be read so as 10 in
clude an exemption from this injunction OF uni
fOrmty
The question, therefore. is not. repeat what
newly annexed people newly acquired territorv
have right TO demand. but what the organs ~
the Government chartered by the CONSTITUTION haya
a right TO do.
In conclusion Mr.. Coudert says:
The significance OF the present controversv I,ss
In it's commercial aspect. In order 10 sustain ,he
position OF the Government. ii at first claimed
that the Constitution virtually non-existant
with reference TO all portions of the NationaI do
main outside the boundaries OF the States Tben
with assumed generosity, this position was srad
ually receded FROM until now see that there is
no objection to extending the protection Of fhe
Constitution TO the territories In All matters
in those which may touch the comnlerc,ai Uairs
4 M n oct al nvfN