The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-01-10
RICHARDS HAS TIE FLOOR
GOVERNMENTS SOLICITOR GEN
ERAL STATES HIS SIDE OF
PORTO RTCAN CASES
CONTINUES TODAY
Claimed the Islands Belong to the
United States, but Are Not of
Them In q COnstitu-
tiOnal Sense.

WASHINGTON, Jan. 9.-Upon the re-
convening of the United States supreme
court today, Mr.. F. r. Coudert Jr. re-
sumed his argument in the Porto Rlcan
cases, continuing his contention that
Porto Rico is not foreign territory, and
hence that it Is incompetent for the gov
ernment authorities to levy and collect
duties upon articles imported from Porto
Rico to New York Before taking up the
thread of his argument Mr.. Coudert IN
dertook to respond to a question pro-
pounded to him yesterday by Justice
Brown. The question was whether a
country can cease to be a foreign coun-
try and yet not be part of the United
States-whether there is an intermedi-
ate condition.
Replying, Mr.. Coudert expressed the
opinion that such a condition might eX-
list temporarily, and he added that the
supreme court had recognized it in deal
ing with Tampico, in the case of Fleming
VS.. Page, and in dealing with Califor-
MIA in the case of Cross VS.. Harrison,
before the acquisition of California by
the United States was completed.
In such cases. he said there was still
a foreign element to be reckoned with,
and our assumption CT authority was mil
itary in character. This assumption
could be only temporary, and in case of
the subsequent acquisition Of the coun-
try in question, civil government must
of necessity supersede the military con-
troll.
Mr.. Coudert then resumed his regular
argument taking up the question as to
what part of the constitution applies to
Porto Rico. He followed his brief quite
closely in this part of his address,
Before he concluded Mr.. Coudert was
subjected to a number of questions from
the bench, and obtained leave to file
supplementary brief, which It is pre-
sufed will contain replies to them
EXCEEDED HIS AUTHORITY.
Mr.. Coudert was followed by Alphonse
c. Hart, who spoke especially of the
involved is the collection of duty on
goods shipped from New York to Porto
Rico He contended that the constitu-
ton of the United States extends over
every portion of the national domain.
whether state, territory or district He
also argued that the president, being an
executive officer, had no right to impose
duties on commerce between Porto Rico
and ''other parts of the United States
by executive order after the ratifica
ton of the Paris treaty
The fdea, he said that in one por-
tion of the country the executive ard
legislative authority is subject to restric
tions and is without restriction in an
other part, is repugnant tc the theory of
our government and cannot be toIer
ated.'
There is, he said, no such thing as d.
vided sovereignty-half empire and half
republic, half Spanish and half American
H. o. Ward, counsel for Dooier. Smith &,
Co., laid especial stress upon the fact
that the position of the Porto Rican Ia w
providing for the collection of duties *
separate from other parts Of that law
and that it is limited m operation in
point OF time to March 1, 1902. He char
acterized it as a makeshift TO provide
revenues for the island of Porto Rico
and said it was, therefore not entitled to
the same favorable presumption that II
otherwise would have been
Whatever the motive Of the provision
it was, to his mind, a plain violation of
the constitution, and he quoted nuner-
Gus authorities in support Of the state
ment.
THE OTHER SIDE.
When Mr.. Ward finished Solicitor
General Richards began the presenta-
ton of the governments side of the con-
troversy, giving especial attention to the
effect of the ratification of the Paris
treaty upon the relation of this country
and Porto Rico. He said denial of the
power which is being exercised by the
pASSluShl anu COHSTGSS amounts to saw
ing that ceded territory becomes hy the
act of cesston a part Of the United
States, to which the constitution of it's
own force applies, placing its people, its
products and it's ports on an immediate
equality with ours, and also extending
the constitutional limitations to such
countries. If this was the case, said Mr..
Richards. the treaty-making power in
acquiring territory is necessarily limited
to providing for the mere act of cession.
1T is thus" he said, stripped of its
proper functions; it cannot treat, it is
lame, impotent, impossible, ridiculous"
Certainly" he went on, "the treaty
never intended to make these tropical
islands a part of the United States in
the constitutional sense, and just as GER
tainly did make them part of the
United States in the international sense y
Mr.. Richards had about half concluded
his argument when the court adjourned
for the day.