The sun., 1901-01-03
OUR ISLANDS STATUS.
Briefs Filed In Two Of the Cases Be-
fore the Supreme Court.
CONTENTIONOF OF APPELLANTS
Argument Against Attorney Gener-
ais Doctrine That Uncle Sam Has
Unlimited Hand In Control of
Territory Outside States.

TO be filed in the cases involving the re-
lation OF the United States to its insu-
lar possessions which are to be argued in
the United States supreme court next
week have been submitted. There are
eight of the cases. and briefs were filed
IN two of them-yiz the cases of Carlos
Armstrong and OF Samuel b. Downes.
In both cases the briefs represent the
parties opposing the contentious of the
government.
The Armstrong case comes to the su-
preme court from the court OF claims.
Armstrong is British subject doing
business in Ponce. Porto Rico, and he
sues to recover tariff duties collected on
goods imported into Porto Rico from
New York, Philadelphia and Baltimore.
The court of claims decided against him,
and he appeals from that decision. The
brief i'll this case was filed by Mr.. John
G. CLANCY ON behalf Of Mr.. Armstrong.
The plea is made in the brief that the
collection of duties was in the circum-
stances, a violation of the constitution of
the United States. as by the terms of the
Paris treaty the island of Porto Rico be-
came a portion of the United States. The
brief lays down the following PROPOSE
tions as the basis of the appellants con
tentions:
The constitution of the United States
reaches over every portion of the nation-
al domain, whether in the form Of states,
territories or districts, because this const-
tuition provides for territories as well as
states. The cesson made by Spain in
the treaty of Paris produced an absolute
change of title and sovereignty in Porto
Rico.
"The president of the United States is
III
right to exercise legislative functions.
The imposition by executive orders of
customs duties on commerce between the
island of Porto Rico and other parts of
the United States after the treaty Of
peace and the exchange of ratiications
is unauthorized and void, and the collec-
tion Of such duties is without warrant Of
law.
A Constitutional Republic.
"a government without limitations was
never intended by the founders of the ma
tion. They sought to establish and did
establish a constitutional republic which
Furnished a written guarantee of protec-
lion to all its inhabitants. The idea that
in one portion of the country the eXecu-
tive and legislative authority is subject
TO restrictions and limitations and that
in another portion it is without any re-
striction or limitation-that in one part
republican government exists and in an
other part an unlimited despotism--iS re-
pugnant to the theory upon which the
government was founded. Every inhab-
liant is entitled to the protection afforded
by the bill of rights
A large portion of the brief is devoted
to the refutation of the doctrine laid
down by the attorney general in the
I Goetze case recently argued by him i'll the
supreme court, to the effect that the gov
ernment of the United States should
have an unlimited hand in the control Of
territory outside of the states. Replying
to this declaration. Mr.. Chaney says:
"Mr. Mckinley is the president of the
United States-the president of its terri
tory and its people He is not the prrsi-
dent of any other territory or people, and
he is the despot Of no people and no ter
ritory. He was never elected nor conf
missioned the dcspot Of anybody Or any
thing.
''The congress is the congress of the
United StateS-the congress of the terri
tory and people Of the United States Ii
is not the congress of any other territory
or people. 1t is omnipotent nowhere On
the face of the earth Ii was created by
the people of the United States under Il
constitution specifically pointing ont its
powers and duties. 1t exists Us virtue Of
that constitution, rs does also the prcsi-
Dental office.
1T is omnipotent nowhere. The only
omnipGtent thing this side of heaven is
the constitution formulated by the ia
thers out of times which proved the me-
cessity of providing against despotsm in
the presidential office and against the
omnipotence of men representing the peo-
pie of the United States.
The Downes Case.
The brief in the Downes case was filed
by Il. X. Coudert Jr. In this case eXcep-
tion is taken to the imposition Of duties
on goods imported into the United States
from Porto Rico.
In his brief Mr.. Coudert quoting The
decision of the supreme court in the
Cherokee Nation case asks: IF the Paris
z treaty did not make Porto Rico d part
of the United States. how could the CON
gress of the United States be vested with
the right to legislate for it and to deter.
mine the civil rights and political status
of its native inhabtants?'"
lteplying to his own question, Mr..
Coudert says:
THE congress of the United States is
not invested by the constitution and can
not therefore be invested by treaty with
the power to legislate for foreign coun-
try
II Mr.. Coudert also suggests the possi-
bility OF an amendment to the constitu-
sfion saying:
.'Nor need there be any concern with
feference to the question of eXpedicncy.
If the people of the United States deem
, it expedient that the additional powers
exercised by their temporary agents
should be approved and should be con
q tinued to their successors, the people can
so ordain. The constitution has provid-
ed an easy method for their so ordaining
II has not established the supreme court
for that purpose. A constitutional
amendment, if demanded by the people,
can be presented in congress and ratified
by the legislatures in less time than ii
VIII take this court to unravcl and deter
mine the momentous questions involved
4 in this case.
IF a revolution in our method of gov
ernment and in the principles for which
this government stands is to be made. it
SHOULD be made by the power which is at
the base of all government-the people
for whose benefit the government is
made. 1t certainly should not be done
by a court intended to be conservator
of all our institutions and not the voice
of the people to change the form and
character of those institutions"
Finn Officials Dislike Criticism.
Stockholm, Jan. 2.-General Borikoff.
governor general of Finland, will de.
mand in the Finland senate a more strin.
gent eensure law in order to prevent the
n