The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-01-03
DENY M'KINLEY
DESPOT'S RIGHT
Briefs Filed in the Porto
Rico Cases.
POWER OF EXECUTIVE
NOT UNLIMITED
to the Constitution
is Suggested.

Washington. Jan. 1.-THE first briefs
TO be filed in the cases involving the
relation of the United States to the
insuIar possessions, which are to be
argued in the supreme court next week
were submitted today There are eight
Of the cases and briefs were filed In
the cases of Carlos Armstrong and OF
Samuel 3. Dovnes- In both cases the
briefs represent the parties opposing
the contentious of the government
Armstrong is a. British subject doing
business in Ponce, P R, and he sues
IN 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 the decl-
sion. The brief in this case was filed
bv John c. CLANCY on behalf OF MT
Armstrong.
The plea is made in the brief that
the collection of duties was, IN the
circumstances. a violation Of the con
stitution of the United States. as by
the terms of the Paris treaty the island
of Porto Rico became a portion OF the
United States.
Claims of Appellant.
Inc bFIcl lays uONH the 1oAAON MS
propositions as the basis of the appel
lant'S contentious.
The constitution of the United States
reaches over every portion of the ma
tional domain. whether in the form of
states, territories or districts, because
the constitution provides for terr1tor-
les as well as states. The cession
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 an executive officer He has no
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
notifications, is unauthorized and void
and the collection of such duties is
without warrant of law
A government without limitations
was never intended by the founders
of the nation. They sought to est3b-
fish and did establish a constitutional
republic which furnishes a written
guarantee of protection TO all of its
Inhabitants. The idea that in one pOr-
ton of the country the executive and
legislative authority is subject to re
StIfctfOnS and limitations and that in
another portion it is without any re
strictioa or Hmitation-that IN one
Iasr. uhlican government exists.
and =. --.Caar part an unlimited des-
pot:srn l- G1rusnaHt to the theory
uUon whicn TIE government was fOun /
ed. Every inharitaut is entitled to the
protection afforded by the bill OF rights
Denies Right of Dsspot.
A large portion of the brief is de-
voted to the refutation of the doctrine
laid down by the attorney general in
the Goethe case recently argued by
him in the supreme court to the effect
that the government of the United
states. should have an unlimited hand
in control of territory outside of states.
RapIying to. this declaration, Mr..
CLANCY says;
MIR. Mckinley is the president of
the United States-the president of its
territory and its people. He is not the
president of any other territory or peo-
nIe. and he is the despOt of no people
and no territory. He was never elect
ed or commissioned the despot of any
body or anything.
The congress is the congress OF the