The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-01-12
IS FOR HUMAN RIGHTS
Carlisle Argues in Porto Rico
Cases.
OPPOSES EXPORT TAX
CLAIMS INsULAR TARIFF MUST
BE THUS CLASSIFIED.


4 Rico cases. He began by saying that
/ he would not discuss questions of
policy as they belonged to another
forum. The questions We're to be
settled only on the constitution. He
said he had as yet been unable to form
an opinion as TO the exact contention
Of the government First, however, he
/ believed the contention was that the
4 island of Porto Rico did not become a
part Of the United States either on the
1 signing of the protocol or the ratifica-
/ tiOn of the treaty of Paris; that there
/ was a condition existing which placed
/ the islands under the general prOtec-
ton and Jurisdiction of the United
/ States, subject to certain limitations:
/ that during a period between the
acquisition of the territory and the
I passage of laws by congress the island
might be governed by the president
subject TO laws OF war and that the
{ islands did not become a part of the
United States until admitted by con
gress and until such time as congress
may legislate for the islands. From
/ this IL is argued, he said, that not be-
! ing a part of the United States, con-
gress has a right to say what taxes
may be levied and collected.
Mr.. Carlisle first took up the condi-
lions which led to the taking of the
/ island and read from prOclamatiOnS of
! Generals Miles and Wilson to show
/ that the occupation was meant to be
( permanent. The cessiOn of the island
/ by Spain, he said, was complete and
/ had been acknowledged by all nations.
White Asks Question.
Justice White asked if the president
might acquire territory without the
/ consent of the treaty making power,
. but Mr.. Carlisle said he was arguing
that peace obtained after the signing
/ of the protocol, that there was then
no war, and that the president could
create only a de factO government and
! have it governed. While the cOnstitu-
! ton imposed the duty upon congress
! of regulating commerce, yet since the
signing of the peace protocol the preSi-
! dent. he said, has exercised the powers
/ Of assessing duties and carrying out
all the duties of congress Mr.. Carlisle
said the real question was not whether
/ the constitution extended to the in
habitants of Porto Rico, but whether
! it extends over the congress-, the
president and the cabinet. The con-
tention is that the constitution pro-
! tects every person in the land in his
! personal and property rights of the citi-
zen. When a government takes from
/ one man more than il should it is not
/ taxation, but its taking his property
without due process Of law and giving
3 MN no COLI AleIlSdLlOn lDI H.
I There would be two constitutions he
said, in the Interpretation of the
counsel on the other side, one for the
states and defining the powers and
{ caring for the rights of citizens and
the other for the territories giving no
I rights. Upon the constitution there
/ had been constituted "a comprehensive
( system Of laws governing all the states
and territories, and from the first con-
gress has made uniform laws for
traffic between. states and territories.
as well s -eXtraditiOn, bankruptcy and
naturaliZs ton laws On the latter
point he said that in the Interpretation
I of the government there were sitting
courts outside the United States in
territory, granting citizenship in the
United States to d resident upon five
years naturalization of a territory out
side the United States.
Cites an Inconsistency.
AIr. Carlisle undertook to show that
both direct and indirect taxes had been
laid upon states and territories alike,
and duties had been laid upon imports
into territories as well as states. IN
der the contention of the government
that territories We're not part of the
United States it might be taken that
goods could go free from Porto Rico to
Alaska, but this was not the case, fCt
the same duties are charged on goods
/ from a territory going 20 Porto Rico as
from state.
That the tax levied is a local tax was
denied, but it was denOminated tax
for local purposes.
Mr.. Carlisle read the portions of the
Porto Rican act establishing the rates
of duty and disposition of the moneys
collected as a basis for his complete ar
gument, and said the court would see
I that on all goods from the United
States to Porto Rico there should be
I g.
goods. with the internal revenue Of
Porto Rico added, and that goods from
Porto Rico TO the United States enter
upon the payment of Is per cent of
customs with internal revenue only ad-
4 ded when the goods are Of Porto Rico
manufacture. while goods from other
countries paying the Porto Rico inter
nal revenue, may come into this coun-
{ try without any Internal revenue tax.
we insist he added. that this is
not an import duty We object to the
form under which the government seiz-
! ed our goods and held them on their
arrival at Porto Rico until we paid
them tribute in the form of a tax"
An import is something. he said, COM
ing from foreign country. Porto Rico
cannot be a foreign country, for its
courts send appeals to this body. This
/ is therefore not an import tax. but an
/ export tax upon goods sent out Of these
states, and there are two specifications
against such export duties.
I'VE deny" he went on, that con
gTess has any right to impose any such
tax upon the trade between the states
and territories"
When Mr.. Carlisle concluded. Senator
Lindsey of Kentucky began the argu-
ment for the plaiutif in the next Porto
Rican cases. those of Huuas VS.. the
New York q Porto Rico Steamship
company. The case is one involving the
question Of whether or not congress
had the right TO make the trade with
the islands coastins trade or foreign
/ trade.
Griggs Looks to London.
Attorney General Gripgs rnsuu,ed