The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-01-11
ARGUING PORTO RICAN
TAX CASE.
Lawyer Carlisle Makes a
Strong Plea Before the
Supreme Court.

Washington. D. c.. Jan. 12.--Hon.
John G Carlisle resumed his argul
ment this morning on the Porto Rican
tax before the supreme court He
covered much of the same ground
as yesterday. He took up the CON
dltion which led to the taking of
wAsHINGToN. JAN. u.-Mr Carlisle
IN commencing hts argument first took up
the condition which led to the taking Of
the island. and read from proclamations
Of General Miles and wilson 10 show that
the occupation was meant 20 be perml-
uenL The cession of the island by spain.
he said was complete, and had been ASK
uowledlsed by an nations
Justice white asked II the president
might acQu're territory without tho cons
sent Of the treaty making power but Mr.
Carlisle said lac was arguing that peace
obtained after the signing of tho protocol
that there was then no war and that the
president could only create q defacto gov
enment ana have it governed While the
constitution imposed the duty upon 6on-
grcss Of regulating commerce. yet since
the signing OF the peace protocol the pres
ident he snid. has exercised the power OF
assessing duties and carrying out an the
/ duties OF congress, Mrs. Carlisle said the
! real question was nOt whether the cOnstl-
tuition extended so the inhabitants of Por-
70 Rico. but whether Il extends over the
congress. the president ADD the cabinet,
1 The contention Is that the constitution
protest every division In the land and
property rights OF the citizen. When a
| governmnt taks from one man more than
II should. Il Is not taxation. but Il Is tax
ing his property without due process OF
law and giving him no compensation for
IT,
On the point that the territories were
not a part of the United states Mr. Car
lisle read "a history OF the framing Of the
| constitution showing that first was the .n-
tention that "all treaties should be the
supreme law OF the land. This was before
the word Constitution had been intro
lduced ana he took II TO mean II was the
intention 10 have the constitution apply %
an parts OF the country whether IN the
states or simply an territory belonging g
them.
Mr. Carlisle argued that the constite
tion must be interpreted as a whole, ans
must enabel the government 20 aecomplisl
all the purposes for which II was framed
u must be considerd as an endrly e
which an the agents OF the government
mustlook for power international law
he said could not govern any agent of thi'
government, but the court could look {.
Il for defining what the constitution
means. There would be two constitute.
he said Interpretation of the counsel Oh
the other sode. one Tor the states end de
nnlng the powers and caring for the right
OF citlzers and the other for tie terri
tories. goving no rights. Upon the cQnst
, tuition there has constructed compre
henslve system OF laws governing all tm
states and territories and from he frs
congress have made unif0rm laws for tr'
traffic between states ana territories. a
wen as extradition, bankruptcy aud nntur
ailzation laws On the latter point he sai'
that IN the Interpretation of the govern
ment there was sitting courts outside o
the United States In territory, grantir.
citizenship In the United States TO resi-
dent upon five years inhabitatons of
territory outside The United States.
Mr. Carlisle undertook TO show that bot
, direct and indirect taxes had been lai
upon states and territories alike, and du
ties had been laid upon imports int
territories as well as states. Under IN
contention of The government that terri
tories were NOT part OF the United State
II might be taken that goods could 80 fre
from Porto Rico 20 Alaska, but This wa