The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-04-16
WANT TARIFF TO STAND.
New England Tobacco Growers OPP
pose Free Trade With Porto Rico.

Washington. April 15--In the supreme
court today Charles A. Gardinar. tor the
New England Tobacco Growers associa-
ton, asked leave 10 tile motion IN the
cases " ich are now pending in the INIT
ed states supreme court. He stated that
Ills DfleL was IN support OF the govern
nlsht contention OF the right 70 levy 4
duty in connection with the commerce be-
tween the tinted Stares and Porto Rico.
the consent OF the opposing counsel 70
present che document
Mr.. HoyL representing the government,
expressed lear that ii the brief should be
tiled IL would call Tor replies. Mr.. lSardt-
ner said No could not understand why tn
government should object 10 the fling OF
the eEtef, which might save the case for
it. The chief justice told Mr.. Gardner
that he could hand his brief In TO me
clerk. This brief makes the following
statement as to the purposes of the new
matter Introduced:
The New England Tobacco. Growers
association represents more man three
individuals ana corporations engaged in
tne cultivation, Manufacture ana sale OF
industry Is purely dependant upon the
maintenance Of existing tariff LEGISLATION.
consututionality OF import dunes upon
our colonial products would subject The
serious financial loss. SofsrI so, il would
in1dre numerous other domestic tobacco
interests, which, equally with the inter-
Nen0r. would be adversely affected by
Tree trade with Porto Rico ana The Phli-
The chief point Of the brief is that fhe
iHsaIar question is wholly one 10 be deaIt
with by the political agencies OF rho COW
eminent and that the judicial branch has
no authority over it.
The principal parts of the brief are. sum
married. as follows:
'E'iFst-The United States is a sovereign
natioa. Il possesses an the national pow
erS enumerated in The consrItut on and
al the uIe. surnerated powers sslved O the
people Inese aggregate ali the powers
Of the most potent soVereieutv ana fhe
national government can exercise them
all, unless expressly prohibited by the
constitution.
'SecOnd-The sovereignty poVver of the
nation is exercised through the legisla-
tive, executive and judiciary department.
questions belong 10 the Iezislative AMI
executive department: judicial Qllestinns
TO the. judicial department. Pohncai sellies-
this court
'Ts ird-The acquisition OF Porto Rico
and the Philippines, the mode and extent
thereof: the delimitation of the boundar-
les of the United States; the disposition
and government OF the islands and their
NEUTRALITY-SUSPICIOUS. and all similar ques-
lions IN the cases at bar. are political ana
not judicial, and therefore not in the
jurisdiction Of this court.
FouHtn-The constitution does not ex-.
tend 10 Porto Rico and the Phiifppinse
nor become applicable to the government
thsreo1 Proprio Yigore; specific action
by the political department. of the nation
al government is necessary to make an
piicable 10 the government of the ISLANDS
eitner the constitution as a whole or any
Fifth-Porto Rico and the Phflippinss
are not integral Parts of the United
tariff clause, Article II, Section S of the
"siSth-Porto Rico ana the PHILIPPINES
not being integral parts of the Tinted
states and the uniform tariff clause NOT
kPelng applicable thereto. IL follows thai
1eeiai tarlfl laws. Including the Porto