The times. [volume] (Richmond, Va.) 1890-1903, 1901-01-15
THE STANDING OF
| NEW POSSESSIONS
Arguments Continued In
Supreme Court.
THE HAWAIIAN CASE.
Counsel Held That 1t Differed From
Others Now Pending.
NO LOGIC LAW OR COMMON SENSE
If Governments Contention Is Right,
Said Mr.. Smith, Then Congress May
Create an Order of Nobility i'll
Oklahoma and Pass 4
Bill of .Atta;uder
III Arizona.
NO LOGIC, LAW OR COMMON SENSE
nv Associated Press.)

(By Associated Pressl
WASHINGTON, Jan 1.-THE United
States Supreme Court to-day resumed its
hearing in the case OF Charles Huus Us.
the New York and Porto Rico Steamship
Company and Senator Lindsay continued
the argument begun by him on Friday
The action involves the question Of pilot
age, the owner Of the steamship claiming
exemption on the ground that Porto Niean
ports had ceased to be foreign.
Senator Lindsay referred to the decision
just rendered by the court I'm the NeeLeS
case He argued that that decision es-
tablishcs two propositions in support OF
the Government contention, which appiy
to the 1,ilotase case. The first of these
was that the Government of the United
States may occupy and exercise control
over a country, over which it's sovereignty
extends in time OF peace, without neces-
sarily extending the Constitution OF the
United States to that country or its peo-
ple, and the second that the grant OF
| legislative power III Congress includes
the power to legislate for any people over
which sovereignty is extended.
Senator Lindsay was followed ny
I>ingsourv Curtis for the steamship COM
many. who contended that the vessel up
on which pilotage was demanded was eN-
em,t on the ground that Porto RIcan
norts had ceased TO be foreign and that, py
the act of April 12 1900, the trade between
Porto Rico and the United States hau
been made coastWise. !.
The court authorized Charles A tafdlflef
| 10 file q brief in the pending Porto hIco
i- tah
| barco Growers Association in New Eng
| hand The brief sustains the Governments
| contention thrt it is entirely competent
| for the United States to lay a taili VI,
commerce between the United states ana
! their insular possessions
HAWAIIAN CASE.
When the hearing had been compleeeu
| in the other cases involving the tG.IHe
| tion of the United States with theif iil5u-
| lar possessions. the case OF osoi Ss ~
Crossman ct al, appellants KS. the o'l'te"
| States was called. TINS case Is o.te 90
! erinp the entry of goods from fia"s.ii
| Consisting of whiskey, brandy ana GIN
| at the custom port OF New YORK. an" -
| the. only Hawaiian case IN the l9t-
| Dntv was assessed under the provisions
! of the Dingey law. The importers pr
/ tested against collection OF duty OH tiie
| Ground that the Hawaiian Islands were Il
| 9,Yt of the United States; that the pro
| vision nf the annexation resolution, "lIch
| confirmed the custom laws OF Hawali III
force was unconstitutional. Appeal was
| +,l,an from the Board OF General Ap-
| nro;sers 70 the United States supreme
| Court. ,,+
! Mr.. Wickham Smith, for the itppeila.t's
| ore1led that this case was not IKE otLeiS
! hafora the court recently iOr the reason
| tbat there was no question involved us 10
! +he force or effect of It treaty, the e'oN-
| erunent Of the Republic OF fia"an itiH ,
! in. ceded its Sovereignty to the Oliitoo ,.
| States which cession the Congress rali-
| fed There is no question OF a military
| troTarnment The language of the annex
/ ation act provides that the islands We're
annexed ..as a part of the Territory OF
! the United States
NEITHER LAW MGR LOGIC
| Counsel continued:
..,There is no principle of grammar,
| logic law or common sense on il' iAeh .itO
words throughout the United states III
| the uniformity clause with regard %
| taxation can be restricted 10 the states
! excluding the territories. Those VINO con
| 1end. as the other side does tlgat the con-
! stitution has no force or operation IN any
territory until Congress puts 1t there,
! cannot escape from maintaining that
! Congress has power at any time TO take
| the Constitution out of the territories.
| This may not even need the forEnaitE OIL
enactment, as a special subsequent statute
| rcpugnant to q prior general statute
| obviously repeals the latter (Ihe Shero-
| kee tobacco case, II Wall, 6lbl ana, there
| fore. according 10 the other side Congress
| must have a right tomorrow to create
! an order of nobility in Oklahoma or TO
| PASS a bill of attainder in Arizona.
CEASE TO BE FOREIGN.
| He said that after Congress had by
/ Joint resolution annexed the islands IS a
| mart of the territory of the United States,
| ii had certainly lagisiated enough 10 make
| them cease TO be foreign
! Mr.. Smith cited Treasury decision
| of April 11th, 1900 holding that Porto Rico
was not a foreign country within tee
meaning of the drawback clause CT the
Dingler law, and asked why Hawaii
/ should nave been considered a foreign
country at that time.
/ The provision OF the annexation act
| which continued in force the customs
regulations of the Republic was q clear
/ violation of the Uniformity clause OF the
/ Consti tuition In case the Islands were
considered foreign, he said. any tax coli
/ lected there uron goods coming from this
country would be in effect an export tax.
The decision of the Supreme Court OF
Hawaii to the effect that the Constitution
of the United States had been in force in
the Island since August 18th, 1888, was
citea.
rur Jhta,T hNTr ctNhTn