The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-08
CASES AGAINST GOVERNMENT.
Argument to Begin in Supreme Court Today.
Richards Brief For Government.
(By the Associated Press.


Washington, Jan. 7.-Solicitor General
Richards in behalf of the Government
today filed in the United States SUI
lpreme Court brief in the cases brought
by Elias S. A. Delima, Samuel B.
Downes, Henry w. Dooley, Carlos
Armstrong and George w. Crossman
against either B. r. Bdwell, collector
of the port of New York or the United
States directly all involving questions
of the taxation relative between the
United States and our insular possess
sions. The cases, argument in which
will begin tomorrow, cover the several
phases of the dominion of the United
| States over the islands before and after
the ratification of the Paris Treaty of
Peace, and after legislation by Congress
with reference to them The feature OF
the brief is the direct notice it takes
of an address made by Ex-President
Harrison at Ann Arbor and the re-
Spouse made thereto in behalf of the
| Administration. The Delima cases
concerns duties collected on sugar
brought into New York from Porto
Rico after the ratification of the Paris
Peace Treaty and before the passage
of the Porto Rican act, the Downes du-
Rico into New York after the passage
| of the Porto Rican act, the two Dooley
| cases and the Armstrong case duty on
goods imported from Porto Rico during
military occupation and partly before
and partly after the ratification of the
peace treaty and also after passage of
the Porto Rican tariff act, and the
| Crossman case duties on liquors i'm
141l1t inf
after the passage of the resolution an
nexing the Hawaiian Islands and before
the passage of the act providing for
their government.
The brief denies the decline of ex
proprio vigore, and that all the limita-
lions of the Constitution apply every
where throughout the scope of the au-
thority of the Government. but says
that there are limitations in the Con-
stitution which do apply throughout
both of the States and Territories or
ganized and unorganized, being probab-
ly such as secure the blessings of JUS
tice and liberty to all people.
Referring to Ex-President Harrison,
solicitor General Richards brief says:
"In recent address, distinguished
statesman and lawyer affects to believe
is correct, Congress could, without con-
stitutional objection. pass Porto Rican
act providing for a number of shock
ing things. The Government has never
asserted and does not believe that Con-
gress has the power of despot Porto
Rico. If the first ten amendments do
not limit by direct application of Con-
gress in Iegislating for our new possess
IT. n rot 10
the States which compose the Union.
Protection to life. liberty. and prop
erty rests primarily with the States. .
Various decisions of the Supreme
Court are cited. The Constitution for
bids the State to pass any bill Of at
tainder, ok post facto law, or law i'm
pairing the obligation of contracts or
to grant any title of nobility. and the
Fourteenth amendment provides that
no State shall deprive any person of
life, liberty. or property without due
process of law nor deny to any person
within its jurisdiction the equal pro-
lection of the laws; but outside the
range of these limitations the people
of the State, through it's constitution
and laws, are supreme.
There were no grand juries. no petit
juries, no machinery for furnishing
crime by the processes of the Anglo
Saxon law and yet, if the limitations
intended for the State at once of their
own force applied in these new possess
sions. crime would be punished in no
other way The Constitution did not
leave the National Government help
less by demanding impossibilities.
The brief on the question of the va
Iidity of the duties assessed and coll
lected on the several importations in
volved follows the general lines of the
argument heretofore made by Attorney
General Griggs.