The times. [volume] (Richmond, Va.) 1890-1903, 1901-02-17
SUNDAY. FEBR JA.S Il. 1901
PORTO RICo AND THE SUPREME
(OTTIIT


At present the eyes of the country are
on the Supreme Court, not only oa2arse of
the recent celebration of the life and IA
bors of that eminent jurist and states
man. John Marshall, Who developed the
powers of the Constitution no less than its
limits. but MISC because there is now pend
ing for derisTou a question which goes to
the very root de or Constitution and ma
sior1al ideals.
This question is whether the Constitu-
ton follows the flag or whether the Presi
dent, as Commander-in-C Chief OF the
armies OF America, can, as ~ military die
ikator, establish such rules and regulations
in conquered provinces TO exist for such a
length of time as in his judgment seems
good.
The question was brought squarely be-
fore the Supreme Court in the case df
Dooley vs. the United States, which was
argued by John C. Carlisle at the October
term of the court, decision being reserved.
The case is one which is Of deeper mo-
ment than any case which has been decid-
ed by that body since the bred Scott case
tro.ght TO focus the forces for and
asainst the exact construction of the Con-
stltutfon-
The facts in the case argued by Mr..
Ding a basis upon which the Supreme Court
s11li accurately determine Whether or not
the Constitution Of the United States is q
body of rules and regulations which apply
only within that body of land lying be-
aiween the Atlantic and Pacific Oceans and
Mexico and Canada, or whether the Con-
stitution is an organic law by which the
president and Congress are bound to
govern their acts in territory acquired by
this country, mo matter how and no mat
ter Where.
BY the act of April 70, 1900, it was pro-
wided that .sall merchandise coming into
the United States from Porto Rico and
coming into Porto Rico from The United
States should be entered at the several
ports OF entry 1rpon the payment Of 10 per
cent. of the duties which are required 10
DE levied, collected and paid upon like ar
iic.es of merchandise from foreign coun-
tries. An in addition thereto upon ar
ticles df merchandise of Porto Rican man.
urecture coming into the United States
and withdrawn for consumption or sale
upon Che payment of the tax equal to the
s-sternal revenue tax imposed by the United
States upon like articles of merchandise
OF domestic manufacture With a SINH
aar provision tor United States nnnufac-
auae coming into Porto Rico.
The payment of this tax was refused by
the plaintiff in this case on the ground
that is was unconstitutional, unjust and
unequal. In arguing before the Supreme
Court. ex-Secretary Carlisle, IN denying
the constitutionality of the tax took this
basis: Either" said Mr.. Carlisle, Porto
Rico is part of the United States or it is
uuc. and that It is a part Of the United
States l think is clear, because If the ter
.dtories are not parts oil the United States
We have courts held outside Of the United
States at places were the Constitution
DOES no. extend, admitting aliens to citi-
zenshsp in the United States
Secondly, we laare The same courts
granting absolute d:scherses.to the enhabi-
,ants of the territory from all debts owing
by them 10 citizens OF the United States;
we haze courts comforting the rights OF
citizenship 10 aliens who have resided FIVE
years in the territory only, when the ter
rhory. according 10 The argument made
- -.
NE have in bankruptcy cases courts rem
dering dnIl and conclusive Judgment ex-
tir.guishir,s the G,roperJy rights dn citizens
OF the States and of the United States sho
were never 9n the territory for a moment
and never transacted any business within
It's boundaries. How can counsel on the
other side account for this legislation con-
fersdng upon the territorial courts this
tR1eltctapn over subjects OF general aad ,.a-5