Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-01-02
PORTO RICANS
MORE CASES TO TEST STATUS OF
THE ISLANDERS-SUPR
COURT BUSY.

ana Dr1efS were filed in the cases OF Cart
los Armstrong and of Samuel B. Downes
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 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 APP,
peas from that decision. The brief in
this case was filed by Mr. J. c. CLANCY
on behalf of Mr.. Armstrong;.
The plea is made in the brief that the
collection of duties was. in the circum-
stances violation Of the United States
by the terms of the Paris treaty the is
land of Porto Rico became a portion of
the United States The brief laid down
the following propositions as the basis OF
the appellants contentious.
The constitution of the United States
| reaches every portion of national domain
| whether in the form of states, terri
| tories or districts because the constitu-
| ton provides for territories as well as
states. The concession 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 and has no right to eXer-
else legislative functions. The imposi-
| ton by legislative orders of customs
duties on commerce between the island
of Porto Rico and other parts of the
| United States favor the treaty of peace,
| and the exchange of notifications is UNI
| authorized and void. and the collection of
| such is without warrant Of law.
| A government without limitations was
| never intended by the founders of the
nation They sought to establish, ana
! did establish. constitutional republic
| which furnishes written guarantee or
| protection to all of it's inhabitants. The
idea that in one portion of the country
the executive and legislative authority
is subject to restrictions and limitations
and that in another portion it is with
out any restriction or limitation-that in
one part a republican government eX-
lists. and in another part an unlimited
despotism-is repugnant to the theory
upon which the government was found
ed. Every inhabitant is entitled to the
protection afforded by the bill of rights.
A large portion Of the brief is devotas
to the REPUTATION of the doctrine laid
down by the Attorney General in the
GCatee 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 the control Of
territories outside of the state
Replying to this declaration, Mr..
| Chaney says: .'.... A'' SD H"
mi Mckinley is theipresident of the
! United States-the president of its ter
ritory and its people, and ne is the des-
pot of no people and no territory. Ht
was never elected or commissioned the
despot of anybody or anything.
| "The congress Of the United States is
the congress of the territory and the peo-
pile of the United States. 1t is not the
| congress of any other territory or people.
1t is omnipotent nowhere on the face OF
the earth. 1t was created by the people
of the U. S. under a constitution specific
ally pointing out it's powers and duties.
1t exists by virtue of that constitution,
as does also the presidential office.
"It is omntpOtent nowhere. The only
omnipotent thing this side of heaven is
the constitution Formulated by the faith
ers out of times which proved the neces-
sity OF providing against despotism in
THE presidential office and against the
Omnirotence OF men representing the
people of the United States.
| Zone would think to hear the argu-
ments advanced by the government that
there are no restrictions limitations
of any sort upon congress or the presil
dent, so far as the territories are con-
cerned. They may give to Alaska an
absolute monarchy; may give to the
Hawaiian islands republic; they may
give to Porto Rico such a government
as Weyler would provide. They may
give to the Philippines form of gov
eminent after the plan of Turkey and
China. They may establish a republic
in one part and monarchy in another.
They may deny to the unfortunate in
habitants of these islands all the rec
ognized rights and privileges which
characterize the codes of civilized ma
tions In short they may restore all the
relics of barbarism and there is no
power on earth to stop or control them.
! 1t is no answer to this to say that the
congress is too enlightened and the
president too merciful to commit such
acts of tyranny and oppression. That
does not change the question. We con-
tend that no sue right exists: that
congress in its government of the terri
tories is itself subject to constitutional
limitations. and that the people of these
territories or colonies are protected by
these limitations and that they NAV
themselves appeal to that instrument
} for proectiOn."
Inc brief in the Downes case was filed
by F. r. Coudert. jr. In this case ex.
DECEPTION is taken to the imposition of du-
ties on goods imported into the United
States from Porto Rico. Mr. Coudert
quoting the decision of the supreme court
in the Cherokee Nation case, asks:
IF the Paris treaty did not make Porte
Rico part of the United States, how
could the congress of the United States
be vested with the right to legislate for il
and determine the civil rights and DO,
litical status of its native inhabitants'
Replying to his own question. Mr.
COudert said
: THE congress of the United States il
not vested by the constitution and can.