Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-01-02
Briefs Filed in Cases Before the
U, S, Supreme Court
SOME OF THE ARGUMENTS.
Pointed Discussion ia Favor Of the
Constitution Extending by IT.
OWH Force.

Eued 10 Jhe supreme court. were SUD-
mltted today There are eight Of the
cases, and briefs were filed In the cases
OF Carlos Armstrong and Of samuel
B. Down,s. In both cases the. briefs
represan, the parties opposing the con-
tcutione of lha government
Armstrong Is British subject doing
business in Ponce, y. r, and he sues
70 recover tariff duties collected on
goods imported into Porto Rico from
New York. Philadelphia and Baltimore.
The cour, OF claims decided against
him. and De appeals from that decision.
Tn brief ia this case was flied by Mr.
John C. CLANCY ON behalf OF Mr. Arm
strong.
Tho plea Is made iu the brief that
the collection Of duties was, in the cir
cumstauces, violation no The 'onsll-
tuition of the United states as by the
terms of the Paris treaty the island NJ
Porto Rico became a portion Of the
United States. The brief lays down
the following propositions as the basis
Of the appellants contentious
The Constitution OF the United States
reaches over every portion of the ma
tional domain. whether IN the form ot
States. Territories or districts. because
the Constitution provides FOR Territories
as we'll as States The cessi0n made
by Spain Tn the treaty of Paris pro-
ducei an absolute change of tile and
sovereignty In Porto Rico.
The President Of the United States
o. an executive officer lie has no
right 90 exercise legislative functions
The imposition by executive orders VI
customs duties on commerce between
the island Of Porto Rico and other parts
OF the United States atter the treaty
of peace ana the exchange of ratiuca-
lions. Is unauthorized ana void and the
collection OF such duties Is without war
rant Of law.
A government without limitations
was never intended by the founders NJ
the nation. They sought % establish
and dii establish a constitutional Re-
public which furnishes written guar
antee Of protection 10 an OF It's inh1b-
itants The idea that n one portion
ofrtha country the cXetcHve and leEs-
lative authority ia subjects 90 restric-
lions and limitations and that In an
other portion lt is without any restric-
ton or limitgti0n-that in one part q
republican government exists. and 100
another part an unlimited despotism Is
repugnant 20 the theory upon which the
government was founded Every in-
habitant is entitled 10 the protection
afforded by the bin Of rights
a large portion OF the brief is de-
voted 20 the refutat.on of the doctrine
laid down by the attorney In
the GOettc case recently argued by
him On the Supreme court 90 the effect
that the government 0f the United
States should have an unlimited hand
IN control OF territory outside of States.
Replying to this declaration Mr. CLANCY
says.
MT Mckinley is the President OF
the United States the President OF Its
territory and IT'S people, lie Is not the
President of any other territory ur pcU-
pie, and he Is the dcsppt OF no people
and no territory he was never elected
or commissioned the despOt of anybody
or anything
"Ihe Congress is the Congress of the |
United Statys-thc Congress of lhe ter-
UtOry and the people OF the United |
States. IL Is not the Congress of any
other territory or people. 10 d. 0muipO- |
tent nowhere on the face of the earth, |
II Was created py lh' people ui lA' |
United STATES uhdeI CONSTITUTION |
speelhcally pointing out its powers ana /
duues. IL exists oy virtue or ihat Con- |
sututIon' as does also the presidential |
ONCE,
III is omhlpoleht nowhere. me oh'E /
lhlhg ms sue ~ heaven Del /
the constitution formulated b} me /
latheTs out or times Whleh proved lht /
necessity OF providing against despoi. |
ism IN the presidential oihce ana |
against the omnpotence Of men repre- /
senting the people OF the united states |
one would lhlak 10 near lhe dIRu- |
ments advanced by jhe government /
mat there are no restrictions on llnlld- I
ions OF any sort upon congress pf the |
President so iar as tht territories are /
concerned They may give 10 Aaska
absolute monarchy may give 10 tne
Hawaiian lNlanuas O republic, lhey /
may give 10 the Phllppings ID FORM on
government ulter thr plan ul turkey /
and China. IheN may eslauiish a re-
public In one part ana monarchy ln |
another They may deny 10 thr unioi-
tunate inhabitants of these Islands am
the recognized rights ana privileges
which characterize the codes OF civil
ICED nations. IN snort thty may re-
store an the relics OF barharism and
there IS no power on earth 90 stop or
control them. 10 is no answer % this
10 say That the Congress Is too en-
.ightpucd and the President too merc!-
ful 90 commit such acts Of tyranny and
oppression That does not change the
Yrnefign ~. YDufauG that no gugh /